Trademarks are needed for companies to safeguard their brand and differentiate their service or product from others. Trademarks in India are controlled by the Trade Marks Act of 1999. At times businesses need to alter existing registered trademarks. This article explains how and under what conditions one could modify a registered trademark.
Why is Trademark Registration Done?
A trademark is an indication, logo, symbol or mark which indicates the services or products of one business versus another. It might consist of names, slogans, logos, designs or even colors and shapes. Trademark registration provides the brand legitimate protection from unauthorized use by other people.
Why Modify a Registered Trademark
A company might need to alter its registered trademark for many reasons:
- Change in Business Name: In case a business changes name, it might have to update its trademark to reflect the change in name.
- Changing Business Address: Switching to an alternative location may call for updating the address for the trademark.
- New License Registration: In case a new license is taken or given up, this might require modifications in the trademark registration.
- Usage and Control Change: For a collective trademark, the modification might be needed because the trademark usage or control has changed.
- Updating the Design: Occasionally businesses need to refresh their design or logo to match market trends.
Conditions for Modifying a Trademark.
The Trade Marks Act, 1999 (Section 59) provides certain conditions for changing a registered trademark. These conditions include:
1. No Substantial Alteration
The change must not materially change the trademark identity. In case the modification so modifies the trademark that a new public search is necessary, the alteration won’t be permitted.
2. Change Business Name or Address
Modifications on the business name or address are allowed.
3. New License Registration
Changes brought on by new license registrations are permitted.
4. Usage and Control Change
For collective trademarks, alterations because of change in usage and control are permitted.
5. Limiting Goods & Services
The list of goods and services covered by the trademark can be limited however, not enlarged.
Procedure for Modifying a Trademark
Modifying a registered Trademark is outlined in the 2017 trademark Rules, 2017. The steps are below:
- Filing Form TM O: The applicant has to file Form TM-O to alter a trademark. This form is utilized to make, expunge, or alter an entry regarding the trademark.
- Statement of Facts: Along with Form TM O, the applicant has to provide a statement stating the facts of the case. This statement should specify the modification requested and the change requested.
- Application by Non-Registered User: In case the application is by somebody who isn’t a registered proprietor of the Trademark, the person has to apply to the Trademark Registry.
- Notifying Registered Users: The application is going to be forwarded to all registered owners of the trademark for their consent if any.
- Registrar’s Review: The registrar will serve the application to every registered user within a month. Any objections or queries will take another month to the registrar.
- Handling Queries: In case absolutely no objections are received in 3 weeks, the change under Section 98 of the Trademark Rules, 2017 is made. Objections, if any, are served on the original applicant who must defend the change and show its necessity. The change is going to be accomplished once all queries are satisfied.
- Change of Address: Whenever the registered office address changes, Form TM P must be submitted with the registrar. The registrar will make the application public announcement of the journal. The alteration is going to be done in case no objections are raised. Any objections must be resolved prior to the final alteration is approved.
Key Points to Remember for Trademark Modification
Here are some main points regarding trademark modification:
- Significant Changes Require New Applications: In case the proposed modification considerably alters the trademark’s identity, a new trademark application is needed.
- No Extension of Goods & Services: The list of goods and services might be limited but not enlarged under the very same trademark.
- Proper Documentation is Important: Proper documentation is essential when submitting a modification request. This helps with a smoother process and fewer objections.
- Timely Responses to Objections: In case you have queries or objections, respond adequately and quickly to avoid delays in the alteration process.
- Consulting Legal Experts: Industry experts in trademark law like StartupFino must be consulted for the modification procedure.
Examples of TM Modifications
See examples of common trademark modifications to learn the way the process works:
- Change in Business Name: A company known as ”ABC Electronics” calls itself XYZ Electronics. The company would have to file a change petition to upgrade its trademark to reflect the new name.
- Changing Business Address: In case “ABC Electronics” moves its headquarters elsewhere, it must update the address on its trademark.
- Logo Redesign: In case “ABC Electronics” rebrands its logo, it must submit a change petition to change the registered trademark with the brand new logo.
- New Licensing Agreement: In case “ABC Electronics” signs a brand new license agreement, it might have to alter its trademark registration to reflect the new license specifics.
Conclusion
Modifying a registered trademark is a required procedure which keeps trademarks current and relevant to company activities. Whether it is a change of business name, address, logo or license agreement, following the appropriate conditions and procedures as set out in the Trade Marks Act, 1999 and the Trademark Rules, 2017 is vital. This way, businesses can defend their trademarks and also maintain them as assets for distinguishing their services or products on the market.
Trademarks are essential to brand identity and need to be accurate via modifications for the brand’s reputation and legal protection. Always talk to professionals like StartupFino about trademark alterations and compliance with regulations.
FAQs
Can trademarks be modified?
Yes, trademarks could be modified for changes of business name or address. Major changes in the trademark identity require a new application. Editing entails filing a modification request with the trademark registry.
When is trademark rectification done?
The time limit for trademark rectification depends upon the change and the registrar’s evaluation process. The registrar will generally serve the application to registered users within a month and await objections within another month, in a few months.
What is Section 57 of the TM Act?
Under section 57 of the Trade Marks Act, 1999 an aggrieved individual can apply to get the trademark register rectified. This includes rectification of any error or removal of an entry not warranted by adequate cause to guarantee correct and true registration of trademarks.
Can I change a registered trademark?
You can change a registered trademark for such things as business name or address updates. Nevertheless, substantial modifications that considerably alter the trademark’s identity require a new trademark application. It entails filing the forms and getting approvals.
How can you apply for changes in trademark?
You must file Form TM O for general modifications or Form TM-P for address modifications to apply for changes in a trademark. Include a statement of facts describing the change along with file the application with the Trademark Registry for approval.
Can I alter my trademarked logo?
You can easily make small modifications to your trademarked logo. But any substantial modifications which significantly alter the logo’s identity require a new trademark application. File the necessary paperwork and adhere to the necessary procedures to update the trademark registration.
