How to correct trademark application [Detailed Response]

If it can't be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

1. Submit the form Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment.
2. See the Trademark Manual of Examining Procedure (TMEP) §§1505-1505.03(b) for more information on changes after publication.

Section 57 of the Trade Marks Act, 1999 provides for the grounds for Rectification of the Register. An application for rectification or cancellation of a trademark can also be filed on the grounds of non-use of the trademark for a prescribed period of time after the registration of the trademark.

An amendment to a trademark registration may be filed at any time after the mark has been registered.

You may be able to amend your national U.S. trademark registration to cover the most current version of your logo, so long as the new logo isn't a “material alteration” of the original registered logo. This allows you to preserve your original priority date that is associated with your old registration!

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.

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry.

Such amendments fall into two categories: voluntary amendments and amendments made to respond to Office Action. While voluntary amendments give the applicant great flexibility in deleting, adding or re-organizing the claims, strict limitations are posed to amendments made to respond to Office Action.

It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

In effect, if the mark has not been used for a period of 5 years and 3 months, then any aggrieved person may file a petition for the rectification of registration for the removal of the registered mark from the trade register.

What are the grounds for filing rectification? Any fraud carried out by the registrar, error in registration, non-payment of registration, false entry made, are the grounds for rectification.

A registered trademark 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 necessary point is that it is after the registration date.

Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application.

Once a trademark application has been filed at the trademark registry, the applicant cannot request for changing the logo in a trademark application. A change in the graphical representation of the trademark may be possible if the trademark registry directs the applicant for the same.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

It should come as no surprise that one trademark application can cover only one mark. In other words, you may not register multiple trademarks in a single application. What may be more tricky to discern is whether a logo contains multiple marks.

If it qualifies as a trademark, no one else can use the same words, phrase or name, including words that are spelled only slightly differently from the mark, to identify the source of goods or services similar to ones for which you registered the trademark.

Trademark Modification Procedure The applicant can file for a modification application in the concerned Form TM-M or TM-P with all the supporting documents. The mode of an application may be online or physical filing by payment with the prescribed fee. The application when filed will be scrutinized by the registry.

70 National Company Law Tribunal Rules, 2016. (1) The appeals against the refusal for registration of transfer or transmission of securities under section 58 or for rectification of register of members under section 59 shall be made to the Tribunal by way of a petition in Form No. NCLT.

The Trade Marks Act, 1999. Application/Request for any miscellaneous function in respect of a trademark Application/ Opposition/Rectification. under the Trade Marks Act.