Introduction
The Trade Marks Act, 1999 (henceforth referred to as the Act), and the Trade Marks Rules, 2017 (henceforth referred to as the TM Rules), outline the process for trademark registration, protection, and enforcement in India. While the ongoing procedure of trademark registration, the Act and TM Rules grants trademark owners as well as third parties the right to seek amendments, corrections, and cancellations in respect of the trademarks at both pre- and post-registration stages. Section 22 of the Act provides the legal provision for correcting and amending the applications to ensure accuracy and prevent fraudulent alterations.
Statutory Provisions
Section 22 of the Act deals with corrections and amendments in trademark applications and states that the Registrar permits amendment or corrections of any kind of error in the trademark application, which may be effected either before or after the Registrar has accepted the application.
Rule 37 of the TM Rules talks about the procedure for amending or correcting an application and states that before the registration of a mark, an application can be amended or corrected by filing a Form TM-M accompanied by the prescribed fee.
This proviso additionally enunciates that any amendment that substantially alters the original trademark or substitutes a new specification of goods and services not included in the initial application will not be allowed. The registrar decides whether to allow an amendment or correction in an application on a case-by-case basis.
Conditions for Correction by Registrar
a. Certain conditions and reasons for amendment in the trademark application are listed out in Section 58 of the Act as follows:
b. correct any error in the name, address, or description of the registered proprietor of a trademark, or any other entry relating to the trademark;
c. enter any change in the name, address, or description of the person who is registered as the proprietor of a trademark;
d. cancel the entry of a trademark on the register;
e. strike out any goods or classes of goods or services from those in respect of which a trademark is registered
It is pertinent to mention here that as per Section 60(1) of the Act, 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 immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods or services.
Procedure for Amendment
An amendment to the trademark application can be made by filing a request with an Indian Trademark Registry through Form TM-M in case the trademark application is pending for registration or via TM-P if the trademark is registered. The prescribed fee is INR 900 for online filing and INR 1000 for physical filing for making such amendments in trademark applications in India.
Conclusion
Section 22 of the Act serves as an essential provision to ensure that minor errors in trademark application do not hinder the registration process while safeguarding the rights of other trademark owners and the public at large. However, restrains applicant to make any amendments which could lead to significant alterations in the character of trademark. This provision assures that the unrestricted and smooth process of registration of trademark.
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