The permissible amendments under the Trademarks Act are , Amendment/correction in the name, address or description of the registered proprietor, Cancel the entry of a trademark on the Register, Amendment of user date and, Amendment in the specification of goods and/or services.

The Act provides for rectification of the register. Any person, aggrieved by an entry wrongly made or wrongly remaining on the register of trademark, is entitled to file a petition for: o Rectification of the Trademark in the Register o Cancellation of Registration or removal of the registered mark.

Any person who is aggrieved by the absence or omission from the register of any entry.

An application can be filed before the Trademarks Registry where the application for its registration was filed or at the Appellate Board.

Yes , you are allowed as per the trademark law in India to correct an application only for minor changes and not for changes that affect the identity of the trademark. The amendment can be made before or after registration of the trademark application.

Following documents are required for filing a rectification of trademark: 1. An application is to be made in triplicate on the requisite form 2. A statement of case, setting out the nature of the Applicant’s interest, facts upon which the case is based and the relief that is sought.

Cancellation of a trademark is a process in when a person seeks to remove a registered trademark from the register. This can be done: – o If it is proved that the trademark was registered without any bona fide intention of use by the owner o If the trademark hasn’t been used for a continuous period of five (5) years from the date of registration of the mark.

The Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, add or remove the entry in question.

Filing a rectification can be done on the following grounds: o Contravention or failure to observe a condition entered in the Register o The Register suffers from the absence or omission of an entry e.g. a disclaimer, a condition or a limitation on the registered mark. o The entry made in the Register was made without any sufficient cause i.e. registration was obtained by fraud or misrepresentation of facts or the mark registered was similar to an already registered mark, etc. o Error or defect in any entry made in the Register. o The entered mark was wrongly remaining on the Register. o The renewal fee has not been paid.