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Can I change my trademark after it's been registered?

A trademark is a valuable asset for any business as it represents the company's brand identity and distinguishes it from its competitors. However, as businesses grow and evolve, their branding and marketing strategies may change, and they may need to update their trademark. This raises the question, can I change my trademark after it's been registered? In this blog, we will explore this topic in the context of India.


Yes, it is possible to change your trademark after it's been registered in India. However, there are certain steps and procedures that need to be followed to do so.

The first step is to determine what changes need to be made to the trademark. Changes can include altering the design, adding or removing words or phrases, or modifying the overall appearance of the trademark. Once you have determined the changes that need to be made, you will need to file an application with the Trademark Registry.


The application for the change of a registered trademark is similar to the application for a new trademark registration. It must include the original registration number, the new trademark, and the reason for the change. It's also important to note that the changes made to the trademark should not be so significant that it alters the distinctiveness of the original trademark.


After filing the application, the Registrar will examine the application to ensure that it meets the requirements of the Trademark Act. The Registrar may also publish the proposed changes in the Trademark Journal to allow any interested parties to object to the changes. If there are no objections or if the objections are successfully resolved, the Registrar will approve the changes and issue a new registration certificate.


It's important to note that changing a registered trademark can be a lengthy and complex process. It can take up to 12-18 months or more to complete the process, depending on the complexity of the changes and the workload of the Trademark Registry.


In conclusion, it is possible to change a registered trademark in India, but it's a complex process that requires careful consideration and planning. Businesses should evaluate the need for changes and ensure that the changes do not affect the distinctiveness of the original trademark. If changes are necessary, businesses should work with a trademark attorney to ensure that the changes are properly filed and approved by the Trademark Registry.

 

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