Introduction: Navigating the intricacies of trademark applications often requires adjustments. Filing a Trademark Modification (TM-M) is a versatile solution, addressing concerns beyond objections. This guide by Compliance Calendar LLP sheds light on the TM-M process, eligibility checks, and diverse applications—from corrections to extensions. Understanding the nuances ensures that modifications align with legal requirements and strategic objectives.
Filing a Trademark Modification (TM-M) involves a series of steps to make specific changes to an existing trademark application in cases where they are objected to. It is important to notice that TM-M is filed for various purposes and not just in case of Trademark Objection. Keeping this in mind will help you better understand the probability of using the TM-M in the right context. The IPR Team at Compliance Calendar LLP has written this piece of write-up to create awareness.
Here’s a simplified breakdown of the process:
- Check Eligibility: Before filing a TM-M application, ensure that you have received a trademark examination report wherein the Department of Trademark Registry has specifically asked to file it. Also, if your trademark application has been filed without an Attorney, you can appoint them by filing TM-M. Furthermore, there are many other occasions when TM-M may be required.
- Complete TM-M Application: Fill out the TM-M application form provided by the trademark office. This form typically asks for details about your current trademark, the modifications you want to make, and any required supporting documents.
- Submit Application: Once the TM-M application is filled out, submit it according to the trademark office’s instructions with the Govt fees of INR 900/-.
- Await Response: After submission, the trademark office will examine your TM-M application. They may request additional information or documentation if needed. The timeline for examination and response varies by office and workload.
Request for Amendment in Trademark Application
As per the amended rules, the registered proprietor can make an application in form TM-M, to the registrar, for any correction or amendment in the trademark application.
The correction or amendment can be of the following kind:
Duplicate registration Certificate
Trademark applicants can obtain certified copies of registry entries or documents by applying through Form TM-M and paying the necessary fees.
Extension of Time
Registered proprietors can request an extension of time for any action by submitting Form TM-M with valid reasons. The Registrar may grant an extension of up to one month.
Request for the Inspection of Documents under Rule 121
Form TM-M allows any person to request certified copies of documents available for public inspection, such as notices of opposition, affidavits, and regulations.
Division of Application
Trademark applicants can use Form TM-M to apply for the division of a single pending application, with the Registrar having the authority to divide it into separate applications upon payment of a divisional fee.
Expedited process of an Application for the Registration
Upon receiving an official application number, applicants can request expedited processing through Form TM-M, with the examination completed within three months.
Grounds of Decision /Review of Registrar Decision
Applicants wishing to appeal a decision can apply in Form TM-M within 30 days of the decision to request the Registrar to state the grounds in writing.
Registered proprietors can seek a review of the Registrar’s decision within one month of the decision, accompanied by a statement stating the grounds.
Preliminary Advice
Applicants can seek advice on the distinctiveness of their proposed trademark by submitting Form TM-M with the relevant fees and a representation of the trademark.
Duplicate Registration Certificate
Registered proprietors can request duplicate copies of the certificate of registration by submitting Form TM-M with the prescribed fee and an unmounted representation of the mark.
Request for Advertise a note
Any person can request particulars of a trademark’s advertisement by applying in Form TM-M, providing the number and date of the journal in which the trademark was advertised.
Certificate of Validity
Registered proprietors can request the registrar to note in the register that the certificate of validity has been granted by the Intellectual Property Appellate Board, using Form TM-M.
Authorization of Agent
Trademark owners can authorize an agent to receive documents related to their matter by submitting Form TM-M. All communications and appearances before the registrar will then be made through the authorized agent.
Regulations for governing the use of Collective Trademarks
The registered proprietor of a collective trademark can use Form TM-M to request amendments in regulations governing the use of collective marks, and the acceptance of such requests will be advertised in the journal.
Alteration of Deposited Regulations of Certification Trademarks
Similar to collective trademarks, owners of certification trademarks can apply in Form TM-M to alter deposited regulations, with the acceptance of requests being advertised in the journal.
It’s important to note that the process and requirements for filing a TM-M application can be required on various parameters and therefore it is always required that you take consultation of any IPR Firm. While efforts are made to provide accurate information, trademark laws and procedures can vary.
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For detailed guidance, consult the relevant trademark office or seek legal advice to ensure you’re following the correct procedure and meeting all requirements. If you need further clarification or personalized consultation, our dedicated team at Compliance Calendar will be happy to help you reply to your query with TM-M. Please feel free to connect with us via email at [email protected] or by calling us at +91 9988424211.
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