Pre-Registration Amendment in Trademarks

This article deal with the provision related to correction of data entry errors of request related to amendment to data before registration of the Trade Marks, issuance of corrigenda in case of erroneous advertisement of the applied Trademarks, re advertisement of the applied trademarks in case of major errors in advertisement, and correction in registration certificate. The Pre – Registration Amendment Section (PRAS) is headed by Senior Examiner of Trade Marks and assisted by other officials depending upon the quantum of work. This section will function in all the offices of Trade Marks Registry. An applicant for the registration of the Trademark may, before the registration of the trade mark, apply in Form-16 accompanied by prescribed fee and supporting document, if required, for correction of any errors in his application of amendment in the application.  The section in charge shall ensure that the request made on form TM-16 are digitized and uploaded in the system. Thereafter he/she shall dispose the request in accordance with Trade Marks Act and rules and incorporate the amendments in the application.  This provision is made for correction mere clerical errors in the application.

No request for correction / amendment shall be allowed which seeks substantial alteration in the application for registration of trade mark. Any amendment in the applied Trademark which may consider substantial alteration, proprietor details, specification of goods and services (except deletion of some items), statement as to the use of the mark shall not be permitted, however request for amendment in the proprietorship of the trade mark 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.