Can I modify my registered trademark?
No alteration can be done in the following cases: The trademark as a whole cannot be changed. It will be covered under a new trademark application. The list of goods and services included in the trademark can be limited but they cannot be extended.
Can a registered trademark be amended at later date?
Is amendment in Trademark application allowed under the Trademarks Act? The correction or amendment as allowed can be made before or after registration of the trademark application.
Can a registered trademark be removed from the register?
Q: Can a registered trademark be removed from the register? A: It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.
How do you change the name of a registered trademark?
There is a provision for alteration or change in trademark under the requirements of Section 59 complemented by rule 98. A version of how the trademark would look like when changed or modified or altered should be made on five copies and submitted along with application by proprietor on form TM-38.
How do you change a trademark type?
Trademark Modification Procedure The modification application can be filed by applicant in concerned form i.e. TM-M or TM-P with supporting documents. The mode of application can be online or physical filing by payment of prescribed fee. The application once filed will be scrutinized by the registry.
How do you cancel a registered trademark?
Cancellation of a Registered Trademark in India
- In India, one can remove the trademark under two scenarios.
- Any aggrieved person can file a petition in a prescribed manner seeking rectification or cancellation of the mark before the Trademark Registry Office or Intellectual Property Appellate Board (IPAB).
How do I remove a registered trademark?
An applicant is required to file an application in Form TM-26 (Application for rectification of the register or the removal of the trademark from the register). Along with the application, the applicant is required to submit the case statement (i.e. statement of grounds).
Can I change trademark name after objection?
Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing a request on form TM -16.
How do I amend a trademark application?
PROCEDURE. An applicant who has filed for registration of a trademark, can, before the registration, request an amendment or correction through form-16 along with the documents favoring the claim and the specified fee. The amendment provision of an application is provided under section 22 of the Trademarks Act 1999.
Can I challenge a registered trademark?
Trade mark registrations are not immune to challenge. Missing the opportunity to oppose an application for a trade mark before it is registered does not mean it is too late to take action because even after registration it can still be possible to cancel or have a registered trade mark declared invalid.
How do I keep my trademark registration alive?
You must file these documents within these deadlines to keep your trademark registration alive: Between the fifth and sixth years after the registration date File a Declaration of Use and/or Excusable Nonuse under section 8 Between the ninth and 10th years after the registration date
What are the deadlines for trademark registration?
Required filings You must file these documents within these deadlines to keep your trademark registration alive: Between the fifth and sixth years after the registration date File a Declaration of Use and/or Excusable Nonuse under section 8
Can a trademark application be amended before registration?
An applicant who has filed for registration of a trademark, can, before the registration, request an amendment or correction through form-16 along with the documents favoring the claim and the specified fee. The amendment provision of an application is provided under section 22 of the Trademarks Act 1999.
Can I change the name of my company after filing trademark?
No You cannot change any details like Name, Logo or class after the application is filed. For the new brand name relating to the same company you will have to file a new application. For filing new application you can contact SunBrio Trademark Registration In Pune India.