As per Section 22 of the Trademarks Act, 1999 and rules therein, Application for Amendment or correction of the trademark application may be effected either before or after acceptance of application by Registrar along with supporting documents andprescribed fee.
Any amendment in the applied Trademark which may consider substantial alteration, proprietor details, specification of goods and services (except deletion of some items), statement as to the use of the mark shall not be permitted, Only if the officer assigned satisfy on the basis of relevant documents may allow amendment by putting remark.f
Amendment in the proprietorship of the trade mark, change in address of the applicant or in the address for service, deletion or confinement of any item in the specification ofgoods/services, division of multiclass application, etc. can be allowed.
A request can be made for correction of data entry error, if officer satisfied that errors exists after verification of relevant document, a correction shall be made in the system along with the remarks.
Assigned officer shall examine the contents on the basis of relevant documents and if error is found genuine, the section Officer in charge shall make necessary correction and put his/her remarks in the system.
The application for amendment filed during the show-cause hearing or during opposition proceeding, shall be disposed by concern hearing officer.
As per the request made in case of minor errors in the certificate, a registration certificate with corrected data shall be generated and shall be sent to the applicant or his authorized agent.
In case of major errors found, as if registration certificate is generated on the basis of wrong publication of mark, class, goods/services, statement of user in Trademark’s journal, the correction in the registration certificate is initiated on approval from the competent authority.
Application by the registered proprietor or registered user may be filed for correction of error or amendment as to the name, address, description, trademark cancelling the entry, for striking out any goods or services mentioned in the registered trade mark along with supporting documents and fee in the manner as prescribed in the Trademarks Act and rules therein.
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