Trademark Modification

Trademark Modification

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OVERVIEW

Trademark modification refers to any kind of alteration, change, modification, or rectification in any trade mark application filed with registrar of trade mark.To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Check Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.

Hence, in cases wherein the Trade Mark Registrar marks the application as Formalities Check Fail, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.

GROUNDS OF RECTIFICATION

For altering the details of the applicant either his address or contact details or any other information and even for changing the applicant.
For changing the class of the trademark.
For altering the description or classification of goods & services or mark.
For changing the design or mark or any other content of the mark.
For rectifying any error made in the application.
Any error information entered in the register of the trademark registrar.
The registered mark not in use for five years and three months, then an application for removal.
Other relevant grounds as prescribed and accepted by the registrar.

The applicant shall file the trademark rectification application in the prescribed form along with prescribed fees.There can be situations when the applicant files the rectification application, but even after that, the registrar can order to submit the rectification application. If the registrar finds that the form contains any misrepresentation or any error, he may order the applicant to rectify the same issue. If the registrar orders for the amendment of any mistake, then the applicant has to file the rectification form along with relevant fees as prescribed under the Trademark Act, 1999.

 

 

FREQUENTLY ASKED QUESTIONS

Trademark can be anything like a logo, symbol, words, etc. which distinguishes us from other businesses and also brings goodwill.
The reason for the objection can be many either regarding the documents filed or regarding the fulfillment of criteria mandated by the statute and rules.
The Trademark objection will be made by the examiner by questioning the essential criteria for the registration, and the opposition will be done by the third party on the credibility of the trademark.
The objection can be made concerning the trademark statute and rules, which expressly restrains the registration of the trademark based on two ground absolute and relative grounds.
A. The major benefits of a registered trademark, it gives an exclusive right to the person or company registered to use for the goods and services. The trademark distinguishes the business from others, which leads to gain reputation, identity, and results in gaining goodwill for the company. Above all, it imposes restrictions on others from not using the mark in case it is still used it can lead to infringement on the other party, for that the person who registered can sue the other party and get compensation for such infringement.
During the process of registration, the examiner should be satisfied with the trademark which means the mark should comply with all criteria and rules for registration, in case the examiner feels dissatisfied with the trademark he may object to it. He will intimate to the applicant, and the applicant needs to respond within thirty days, and such reply needs to satisfy the examiner. On failing to reply the application will be abandoned and failing to satisfy the examiner may lead to application rejection. Hence, the reply should be crafted by a legal expert.
In case the trademark resembles or infringes any existing trademark, in such cases, the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties’ statements and evidence. When the objection arises, the examiner will inform the applicant, and he needs to reply within sixty days. On failing to do so, the application will be deemed to be abandoned.
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