Alteration of a Registered Trademark

As per the Trade Marks Act, it is possible to make a correction or alteration in the application for a trademark. As per the basic principle, there should be no substantial change in the identity of the trademark.

What are the requirements for altering the registered trademark?

1. In order to add or alter the trademark to an extend that does not create any impact on the identity, in that case, the registered proprietor of that said trademark can apply to the Registrar in the prescribed manner. Registrar after receiving an application for alteration may or may not agree to change, the decision lies with him.
2. Registrar on his own will may choose to advertise the application for alteration of the trademark. In case the Registrar advertises such an application that he has to wait for a period of 30 days to receive any objection raised by the third party. After receiving all the objections the registrar will take the final decision.

Trade Mark Classes in India

There are certain orders pertaining to pre-registration amendment of the trademark application. These orders have been issued by the trademark registry. The orders are as under:

“Any request made for an amendment that makes a substantial alteration in the application for trademark registration will not be allowed. Changes like a change in proprietor specifications, change in details of trademark, change in specification of goods or services, change in a statement regarding the use of a mark shall not be allowed to be made.

However, the changes like change of proprietor of the trademark because of the reason of assignment or transmission on the basis of valid argument, the amendment in the address of the applicant or of the service provider, deletion or inclusion of an item in goods and services regarding the area of sale shall be allowed.

Basically, the Trade Marks Act does not curtail any scope of change in the trademark as long as it follows the prescribed rules, which has been outlined as under:

1. The proposed amendment must not alter the use;
2. The date of the usage stands as it was;
3. Details regarding goods and services must not change with the amendment.
4. Details of the proprietor see no alteration in the request for the amendment.

If the request for the amendment does not meet the aforementioned rules, then it is better not to make any request for alteration and file an application for a new trademark.