Correction of a trademark application may be necessary for a variety of reasons, including incorrect data entry or incorrect filing of the trademark application. The Trade Marks Act 1999 and Rules 2002 permit any errors in a trademark application to be corrected. This article examines the process for submitting a trademark application modification or correction.
An applicant who has submitted a trademark registration application may request a correction or update by submitting trademark Form-16 along with the required fee and accompanying documentation before the trademark is registered.
The Trademark Office will enter the digital TM-16 into the trademark database after receiving the application. The applicant can confirm the TM-16 uploaded by conducting a search for the trademark application papers online.
Trademark Correction or Amendment
For the purpose of fixing typographical problems in the application, utilize Trademark Form-16. Correction, amendment, or error requests that seek a significant change to the trademark registration application will not be accepted. Additionally, it is prohibited to make any changes to the applied trademark that could materially alter the proprietor details, the list of goods and services (with the exception of the deletion of a few items), or the statement regarding the mark’s intended purpose.
It is possible to request changes to the trademark’s ownership on the grounds of a valid assignment or transmission, a change to the applicant’s or the recipient’s address, the deletion or restriction of a specific item from the description of the goods or services, a restriction or limitation of the geographical area in which the goods or services are sold, the division of a multiclass application, etc.
Data Entry Errors
The trademark officer may make a change in the system along with the remarks to this effect in the system by the concerned officer in the case of an error(s) in the data entry and a request for rectification of the same after verification of the pertinent document.
Correction in Trademark Registration Certificate
If an applicant submits a request for correction of an incorrect registration certificate, the Trademark Office will review the request’s contents in light of pertinent documents, and if the request is approved, will issue a new trademark registration certificate and return the incorrect registration certificate to the applicant.