Alteration to Trademark

Alteration to Registered Trademark

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Alteration to 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. It is also necessary that an application copy and version of the changed or altered trademark be served by registered proprietor on each and every registered user if any.

According to Section 59 (1) any change or modification of the trademark should not significantly affect the identity of the concerned trademark. The nature of change or amendment made on the trademark will be the basis to determine whether the trademark’s identity has been drastically affected. There are no fixed rules to determine when the trademark identity has been severely affected or not.

If the proposed change needs a new search then the amendment is not permitted. The introduction of a fresh element of even one character of the trademark is impermissible. The addition of word arrow to that of a trademark containing the piece of equipment of arrow and addition of to “Otrivin” to make it “Otrivine” is impermissible.

Permitted Alterations or Amendments

In the event of change in name of the proprietor or address on the trademark label, permission is given for alterations or amendments. The change in the address of the trademark is not of particular importance. One can add the word limited to a company’s name. Suppose a signature is used to symbolise the name of the company then no change or alteration is permitted. If deemed necessary by the registrar he may publish the advertisement for change in the journal. Any opposition to alteration of modification can be made in form TM-39 mentioning the basis for objections. A notice or stamen copy can be sent by the registrar to the proprietor or other persons and a counterstatement can be filed on form TM-6 after which provisions of rules 50 to 57 can be referred for any further opposition.

There are no extreme consequences if the counter-statement has not been filed or there is a delay by registered proprietor and the registrar will allow or deny such a counter-statement appeal after the hearing of the proprietor and the changed trade mark will be published in the Trade Marks Journal.

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