Understanding Trademark Application Amendment in India – Process, Cost & Fees
Amendment of Trademark Application- India
Section 22 of the Trade Marks Act, 1999 states that ‘The Registrar may, on such terms as he thinks just, at anytime, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit an amendment of the application.’
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his application or any amendment of his application.
Reasons for Amendment of Trademark Application
There could be various reasons for amendment of Trademark Application. The reasons are listed out in Section 58 of the Trademarks Act, 1999. These are:
- correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark.
- enter any change in the name, address or description of the person who is registered as proprietor of a trade mark
- cancel the entry of a trade mark on the register
- strike out any goods or classes of goods or services from those in respect of which a trade mark is registered
- add to or alter the trade mark in any manner not substantially affecting the identity thereof
It is pertinent to mention here that as per Section 60 of the Trademarks Act, 1999 the Registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods or service to those in respect of which a trade mark is registered (whether in one or more classes) immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods or services.
Amendment to Trademark Application – Procedure
Amendments to a trademark application in India can be made by filing a request with the Indian Trademark Registry. The applicant needs to file the request as per form prescribed under the Trade Marks Act, 1999. The prescribed forms are:
- Form TM-M if the Trademark application is pending for registration
- Form TM-P if the Trademark is registered
Cost of making amendment in a trademark application in India
The Official Fees for making amendment in a trademark application in India is as follows:
- For physically filing (non-online route)- INR 1000
- For online filing or e-filing – INR900
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