Updated on: March 18th, 2020 5:30 PM

Trademark Application Correction

Trademark application correction may be required for a number of reasons like erroneous data-entry or erroneous filing of trademark application. A correction of any errors in a trademark application can be made and is permitted by the Trade Marks Act 1999 and Rules 2002. In this article, we look at the procedure for filing a trademark application correction or amendment.

Trademark Form-16

Before the registration of a trademark, an applicant who has filed a trademark registration application can request for correction or amendment of a trademark application by filing trademark Form- 16 along with the prescribed fee and supporting documents.

Once, the application is submitted, the Trademark office will upload the digitized version of TM-16 into the trademark system. Through an online search for the documents filed for trademark application, the TM-16 uploaded can be verified by the applicant.

Trademark Correction or Amendement

Trademark Form-16 can be used for correction of clerical errors in the application. Request for correction or amendment or errors that seek substantial alteration in the application for registration of trademark would not be allowed. Also, any amendment in the applied Trademark which may substantially alter proprietor details, specification of goods and services (except deletion of some items), statement as to the use of the mark are not be permitted.

Request for amendment in the proprietorship of the trademark on the basis of valid assignment or transmission, change in address of the applicant or in the address for service, deletion or confinement of any item in the specification of goods/services, confinement/limitation in the area of sales of goods/services, division of multiclass application, etc. can be allowed.

Data Entry Errors

In case of an error(s) in the data entry and request for correction of the same, the trademark officer after verification of relevant document, can make a change in the system along with the remarks to this effect in the system by concerned officer.

Correction in Trademark Registration Certificate

In case of erroneous registration certificate and request is made for correction, the Trademark Office would examine the contents of the request on the basis of relevant documents and if the request is acceptable, provide a new trademark registration certificate and take back the erroneous registration certificate from the applicant.

To file a trademark application in India, visit IndiaFilings.com