Under some circumstances, the need to make alterations or amendments in the registered trademark may arise. The holder of the trademark or the person authorized by him can make any kind of amendments in the registered trademark until it is concerned with making any substantial amendments.
Section 58 describes the rule regarding the alteration of the registered trademark. It states that no modification or alteration can be made in the registered trademark if it would significantly affect the identity of the concerned trademark. The substantial amendment in the trademark will include the amendments in the mark, the specification of the good or service and statement as to the use of the mark. Further, no fresh element can be added to the mark.
However, any alteration can be made if it would not affect the identity of the trademark significantly. Events, where alterations can be brought in the registered trademark are as follows -
- In case of change in name of the proprietor
- In case of change in registered on the trademark approval
- Adding Limited to the company name.
When an application for the alteration in the trademark is received by the registrar if he deems that it is necessary to publish the advertisement for change in the journal then it will be published in the journal. Any opposition to alteration of modification can be made in form prescribed form mentioning the basis for objections. Further, a notice can be sent by the registrar to the proprietor or other persons and a counter statement can be filed in the prescribed form.