Common Amendments in Trademark Application
1. Amendment/Correction in the name or address of the applicant
2. Amendment of trademark
3. Amendment of user date
4. Amendment involving change of class
5. Stage at which amendment is applied and its treatment
When Can You File an Amendment to Your Trademark Application?
Q1: Can I make changes to my trademark application after filing?
Yes, you can make amendments or corrections to your trademark application after filing. However, the changes should generally be minor and not substantially alter the identity of the mark or the goods/services covered. Major changes may require filing a fresh application.
Q2: What types of amendments are commonly allowed in trademark applications?
Common amendments in trademark applications include corrections or changes to the applicant’s name or address, modifications to the trademark itself (within certain limits), rectifying errors in the user date statement, and changes in the class of goods or services for which the trademark is to be used.
Q3: When is the best time to file an amendment to my trademark application?
Ideally, it is advisable to file an amendment before the issuance of the trademark examination report. If you file an amendment after the examination report or after the trademark has been advertised, it may require a fresh examination or re-advertisement of the mark, and result in delays.
Q4: What happens if a third party has opposed my trademark application and I want to make an amendment?
If a third party has opposed your trademark application, any amendments made to the application should be notified to the opposing party. They will need to be given an opportunity to review and respond to the amendment before it can be approved by the Trademark Registry.
Q5: Can I change the class of goods/services in my trademark application?
In certain cases, it is possible to amend the class of goods or services in a trademark application. The Registrar generally allows this type of amendment, depending on the specific facts and circumstances of each case. It is important to consult with a trademark professional to determine the feasibility and implications of such changes.