By changing time registration and timelines for Trademark registration has also evolved. After the Trademark amendment, 2017, the registration and timelines of Trademark has become stricter and quicker. We’ve all seen positive changes happening within the IP regime after the amendment, but still there’s lag in some areas like in the Application for Madrid Protocol. Its rules and laws should be more clearer.
Over the past years, we’ve experienced and seen a pool of chaos and therefore the incertitude, accompanying international applications designating India. While international Trademark application is treated within the same manner because of ordinary application in terms of scrutiny, requests for amendments create hassles for the applicant just because of the shortage of routine to file specific requests. Applicants and their agents are vexed by things where they pass things to the Trademark registry where amendment within the application is required.
The Indian Trademark Act is silent on where amendment is to be filed which is asked by the Trademark registry to file during the examination of the appliance . it’s uncommon for applicants to receive instructions from the Indian Trademark office to correct the technical errors to simply accept the applications. However, when an applicant wants to file those amendments which were asked by the Registry they either get unprocessed or declined by the Indian Trademark Office. This leaves the applicant with the sole choice to file an invitation with WPO, which is neither time or cost effective to the Applicant. It takes an extended time for the WIPO to process the requests and further inform the Indian Trademark office; to not forget the time taken by the Indian Trademark office to process an equivalent information and update the records stalling the registration process meanwhile.
For the higher clarity we’ve compiled an easy table to know which amendments are often filed with the TMO and which requests shall be required to be filed with WIPO.
|Amendment type||Request through WIPO||Request to the TMO, India|
|Deletion/addition of specifications||√|
|Amendment of the classification||√|
|Deletion of the R symbol from the Trademark||Remains conflicted||Remains conflicted|
|Deletion of Priority claim||√|
|Division of the Application||Cannot be done||Cannot be done|
|Change of name of the Applicant||√|
|Change of Applicant’s address||√|
|Change of Ownership||√|
Can these amendments be filed through a web filing portal? For better clarity, cost effectiveness and efficiency, a system where amendments to international applications are often made locally through the web filing portal already available would be a viable option, especially for cases where the Indian Trademark Office has requested the amendment during the examination, which is extremely India centric and doesn’t concern other jurisdictions. This is able to not only make the lives of the applicants and their agents easier rather it might also speed up the method of filing and processing requests.