How to Alter an Existing Trademark ?
Trademark registration is a complex task, one that requires a lot of time, money and energy. Believe it or not, sometimes it may take years to get a single trademark, patent etc. registered. But let’s not forget that it also reaps the fruits of benefits. Just imagine how the brand name you worked for long enough is finally awarded to you. A trademark is a symbol of hard work and trust. We all love brands and rely upon them for quality products and services. Trademarks too are like brands but they are slightly more powerful. Learn hear how to Alter an Existing Trademark ?
Trade Marks Act, 1999
Trademarks are registered with Trademarks Office formed under Trade Marks Act, 1999. It came into effect from 15 September, 2003. The new Act revoked the old one and is aligned with the requirements of World Trade Organization (WTO) and TRIPS Agreement. A trademark can be either a service or a product (goods). A person can register a signature, name, logo, letter, word, shape of object, design, brand etc. as a trademark. But these should be unique and must not already be registered.
Duration of registered trademark
A trademark once registered becomes the property of the proprietor and cannot be used by anyone else without his permission. It can neither be copied nor used without consent. In case of copyright infringement legal proceedings will follow.
In India, a trademark is registered for a duration of 10 years. Although on expiry of the term it can again be renewed for a period of 10 years.
Register Trademark for ₹ 6,799 all inclusive
There is obviously no restriction on number of renewals. However, if a registered trademark is not used for a continuous period of 5 years, it can be unregistered, subject to terms and conditions.
Alteration of registered trademark
Trade Marks Act doesn't prevent correction or amendment of trademarks but it expressly restricts their substantial alteration. As per Clause 3 of the Order passed by Controller General of Patents, Designs and Trademarks in 2012 substantial amendment in the application of the trademark registration is strictly prohibited. It specifically restricts any amendment that will change the
- use,
- date of usage,
- proprietor details and
- details regarding goods or services.
If a proprietor wants to make substantial amends then he should revoke the application and file a new one. This restriction is imposed upon the proprietors to prevent misuse of law and trademarks. If the request for alteration amounts to substantial modification, then it will not be entertained under any circumstances. However there are situations under which amendment is allowed. They are:
- Proprietorship details if its on the ground of valid transmission
- There is a change in address of the applicant or where the service is being provided
- Confining or deleting a good or service from the list
- Imposing limitation of the region of sale of goods or services.
Except for these situations substantial modification or alteration is strictly prohibited. Hope you have liked our article on "How to Alter an Existing Trademark ?". Let us know what you think in the comment section below. For more information you can visit www.registrationsindia.com
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