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Amendments in Trademark Application

Any person who desires to protect its logo, brand name, mark etc from being exploited by any third person must obtain the Trademark Registration. The trademark registration can be obtained by filing an online application with the Trademark Registry.  It is very crucial for the applicant to take utmost care while filing a trademark application with the registry as only some minor changes are allowed. In case the amendment materially alters the application then the applicant must move a fresh application.

The treatment of the common amendments by the registrar is as under:

  1. Rectification in name or address of the applicant- The clerical mistakes incurred by the applicant are generally accepted by the registrar. Whereas the major changes like replacing the name of the applicant with some other person or changing the complete address will not be accepted.
  2. Trademark Rectification:In case theapplicant desire to make some significant changes in the mark altering the identity of the mark, the applicant is generally required to file fresh representations of the mark as amended for substitutions in his application. However in case the mark is in the colours and it is not possible for the applicant to furnish or would be put to undue expense in supplying representations of the proposed amended mark in the original colours, he is allowed to make changes in the original application in most convenient way without altering the identity in the mark.
  3. Rectification in date of use- While filing an application of Trademark registration it is crucial for the applicant to state the date or period from which the mark applied for registration has been continuously used in respect of the stated specification of goods. In case the applicant wants to make changes in the date of use it is his responsibility to satisfy the registrar by evidence to make such changes. It is very crucial to mention the correct date of use as it the affects the rights of parties by reason of priority in the adoption of the mark. If the registrar finds the amendment justified then he may allow such amendments.
  4. Change in class- Class of goods specified in the trademark application interprets the scope of the application. Depending upon the facts and circumstances of each case the registrar normally allows this kind of amendment.
  5. Amendment application time- Any applicant is empowered to make amendment in the application filed before its registration or rejection. However, filing amendment before the examination of the application is considered as a better option. In case amendment application is filed after examination report has been issued then the application needs a fresh examination by the examiner. Similarly, if the amendment application is filed after the trademark has been advertised then a re-advertisement is required. Further, if the amendment is moved after a third party opposed the registration then that third party need to be notified of the amendment.
Kinds of Trademark Filing Forms

While making an application for registration of trademark and in the process of obtaining the trademark registration the applicant is required to file number of Trademark Forms as specified in Trademark Act 1999.

 A trademark is a unique and recognizable symbol, design or expression that uniquely identifies the source of a product distinguishes it from the other products. It is very important to obtain the registration of the trademark or the service mark as it helps to protect the mark, symbol, slogan, design etc from being exploited by the competitors. As soon an application for trademark registration is filed TM symbol can be attached to it and once it gets registered then the owner can affix the symbol of R along with the trademark. These symbols provide a great value and protection to the brand. 

The applicant is required to make trademark application on the proper trademark application form to avoid objection by an Examiner. Based on the nature of trademark filing following forms shall be filed-

It is very crucial to file a proper trademark form in every specific case so as to prevent the examiner from raising an objection to it. Thus, an application shall be filed in the appropriate form and with the specified amount of fees.


Non-Conventional Trademarks in India

Conventionally trademark means a mark which is capable of being represented graphically and which is capable of differentiating the goods and services of one person from those of others. Trademark is any word, logo, symbol, phrase or design adopted and placed on a product that is offered for sale or on a container that is to identify its source.

The concept of Non-Conventional trademarks is becoming more and more popular over the years. Non -conventional trademark is a distinct type of trademark that does not belong to the conventional class of trademarks. Just as conventional trademarks these trademarks also uniquely identify the commercial origin of products or services. However getting these trademarks registered is often difficult as compared to traditional marks.

Further, Non-conventional trademarks may be visible signs Like colors, shapes, moving images, holograms, positions etc or non-visible signs like sounds, scents, tastes, textures etc.

Examples of Registration of Non-conventional trademarks


Trademark registration of color has always been a topic of dispute. As the trademark act does not specifically provide for the registration of the single color however it does not expressly exclude the notion.

In India for the purpose of trademark registration of any color theory of "Color Depletion" is followed. This theory is based on two facts - Firstly there is a concern that with the limited number of colors, to grant exclusive rights to colors would sooner or later deplete the available stock and, thus, be anti-competitive. Secondly, if a color alone was protectable, trademark infringement suits would lead to lengthy litigations over 'shades' of color which would slow down the trademark registration process. However, the theory only bars the registration of the seven basic colors but not any shade thereof. Thus it is possible to obtain a registration for the combination of colors.


The purpose of the sound trademark registration is to uniquely identify the commercial origin of products/ services by means of an audio clip. The musical notes that can be represented in the form of musical notations are acceptable whereas the sounds which require onomatopoeic or sonogram representation are not eligible for trademark registration.


Trademark registration of the smell is not a very popular concept in India. Due to the absence of graphical representation the number of smell registrations is very less as compared to sound registrations and color registration.  Generally the representation of the smell is verbal and the verbal representation of the smell is not sufficient to distinguish one smell from the other. Further, the representation of smell can also be made through chemical formulae.  However this concept is challenged on the grounds that a chemical formula does not represent the smell of the chemical itself and that few people would be able to get a sense of the smell based on its chemical formula.

Restoration of the Expired Trademark

A Trademark is a “brand” or “logo” associated with the product. A properly used and promoted trademark helps the product to establish a brand image in the minds of the people.

It is very crucial to obtain trademark registration as it gives protection to the business entity against the other companies who might commence their activities using identical or similar marks. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

The trademark once issued is valid for the time period of 10 years and after the completion of 10 years, the trademark issued get expired thus the trademark owner is required to get it renewed.

Following steps shall be taken to renew the trademark when it gets expired-

  1. Initially, the owner of the trademark is required to file TM-10 within 6months from the expiration and pay a specified amount of charges for renewal of the trademark.
  2. As soon the application made is accepted, the owner of the trademark is required to advertise the trademark in the trademark journal in order to inform the concerned about its restoration and invite objections from the people.
  3. In case there are no objections received within the specific timeframe, then the trademark is re-registered and enclosed within the trademark information. The trademark reregistered will again be valid just for the tenure of ten years.

Procedure for Trademark Renewal of Associate in Nursing terminated Trademark in India:

  1. In case the owner of the trademark does not make any application regarding the renewal of the trademark, minimum 1 month and maximum 3 months before the expiration of the last registration of the trademark, the Registrar himself could inform the businessman or his agent about the approaching expiration of the mark.
  2. In case the trademark owner or his agent fails to pay the prescribed trademark renewal fee before the expiration of the last registration of the trademark, then the Registrar is empowered to take away the mark from the register and advertise it within the official journal. However, the Registrar cannot take remove the mark from the register, if Associate in a Nursing application is filed by the trademark owner for payment of the renewal fee within six months of the expiration of the last registration of the trademark.
  3. In case no application regarding the renewal of trademark is filed within six months of the expiration of the last registration of the trademark, then the trademark expires.
  4. An application for the renewal of the trademark shall be filed within one year from the expiration of the last registration of the trademark. Further, the Registrar will consider the request for restoration of the terminated trademark scrutinizes the interest of differently affected persons.
  5. In case the terminated trademark is restored by the trademark owner, a notice will be sent by the Registrar to businessman concerning such restoration and therefore the same will be publicized within the Official Journal.
  6. Through the advertisement published in the journal regarding the restoration of the trademark, the Registrar invites the objection against restoration. In case no such objection is detected then the trademark is rehabilitated within the register for successive ten years.
  7. If any objection is raised, then the Registrar conducts the hearing and after hearing each the parties it passes a call on whether or not to revive the trademark or not.
  8. If someone else applies for registration of the terminated trademark, then the businessman needs to file Associate in nursing objection against the third party who has applied for registration of the terminated trademark.

Getting the trademark renewed helps the businessman to protect itself from duplicity and help them to maintain the exclusivity of their brand.

Why Trademark is Important for Your Business?

Trademark is a form of intellectual property. Trademark reserves the right to the owner and protect all of its ideas and inventions. It is like a standard signature which shows the first impression in the market. Trademark registration in India is a good option for all the company to register its trademark.

Trademark can be logo, symbol, or word which let you stand differently in the market. It is another way of referring to brands. Consumers first identify the trademark for their purchase. Trademark creates first reputation of any brand for Business growth. Following are reasons why is trademark important for your Business   

Trademarks is an effective tool of communication- By looking at the trademark audience identifies the emotional attributes of any company. Trademark reveals the message of the Business Brand. It creates intuition about product and services of the company. Trademark or design do not need exactly related to the type of product or service. It can be in any language English, Chinese, Spanish, Russian, Arabic or Hindi.

In crowded market place it’s hard to distinguish your business from your competitors. It is an efficient commercial communication tool to capture customer attention and make your business, products and services stand out. People should be able identify particular brand’s service by looking at the trademark. On social media trademark creates particular image of the brand.

Trademarks are the valuable asset which can be appreciated in value over time. It is mainly  for Business growth. It provide value to the core business. Trademarks can lead the way for expansion from one industry to another industry for eg. from personal care to clothing or eye ware. Trademark can lead to the acquisition of your business by a larger corporation. It can be used as a property asset, similar to real estate, that can be bought, sold, licensed (like renting or leasing) or used as a security interest to secure a loan to grow your business.  

Trademarks make things easier-Trademark is an asset which makes hiring easier. It helps to inspire positive feelings in people’s minds. Due to this, employment opportunities are more attractive to candidates. Collecting certain facts Employee can have better retention and better feelings for the brand and the products and services offered.

Provide uniqueness to a brand -Trademark is a unique asset used for particular brand product or service. Trademark is particular logo that should catchy in each aspect of visually as well as audible or would you rather go for a logo that is hard to remember or understand and doesn't describe your brand.  Choice would be simple and everyone would go for the former option.

Trademark keeps the brand from crowd- It’s uniqueness keeps the logo catchy to the audience. It is basically it has everything mentioned above, then it gives your brand an edge over anyone else. Depending upon the logo, anyone can tell which brand does a product belongs .

Trademark protects your product name- Company having registered can use it publically to show ownership over your product. Registered trademark provides the right to use it on all the products registered under your ownership and it also proves that the product belongs to you and you have all the rights to sell, modify or use that product however you want.

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