How do I file an amendment to a trademark?
Before the registration of a trademark, an applicant who has filed a trademark registration application can request for correction or amendment of a trademark application by filing trademark Form- 16 along with the prescribed fee and supporting documents.
How do you correct a trademark?
An application for rectification of a registered trade mark is required to be filed before the same Trade Marks Registry where the application for its registration was filed. The procedure before the Registrar is prescribed under Rules 97 to 100 of the Trade Marks Rules, 2002.
Who can file for cancellation of trademark?
Though any person can apply for it, he can do so only on the grounds mentioned in the Act. The Registrar of Trademarks can also cancel it on his own if the trademarks relating to any goods or services is no longer registered,i.e. when there is no renewal of it after ten years of its registration.
How do you file a trademark rectification if error in trademark?
Procedure for trademark rectification in India:
The application form used to serve trademark rectification or cancellation must be filed in prescribed form. The application must include the statement of case, and submit along with the prescribed fee. Further, the application can be submitted to the Registrar or IPAB.
What is the fees for TM-M?
Amendment to the trademark application or registration
| Description of the requests | Forms and official fees |
|---|---|
| Request for amendment of the trademark when the trademark is unregistered | Form TM-M with an official fee of Rs. 900 per mark |
Can trademark be changed?
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 trademark be revoked?
Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.
How do I change my trademark description?
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 I remove a proprietor from a trademark?
You can not delete or modify proprietor code generated on trademark site www.ipindia.nic.in, You can generate another proprietor code.
What happens when a trademark is Cancelled?
If the trademark has been abandoned, then someone else can freely use the trademark. Therefore, if the above owner who federal registration was cancelled is still using the mark, the owner may be able to sue for infringement.
When can a trademark be Cancelled?
A registered trade mark is open for cancellation on the application of a person aggrieved if the mark has not been put to commercial use for a period of five years from the date of registration. The important point is that it is after the registration date and not the date of application.
Why would a trademark be Cancelled?
Cancellation after Five Years
It defines a functional use. The mark has been legally abandoned by its owner. It was registered in a fraudulent manner. The trademark is immoral, deceptive or scandalous in some way.