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Trademark Amendment ( Change in TM-TM-M )

FAQs on Formality check fail and Trademark amendment

After Filing Trademark application, scrutiny is done by the Trademark examiner for the accuracy of the application in all the respects. If trademark application is found incorrect and improper in any field, the Trademark Examiner raises objection on the application and put the application in the status of ‘Formality check Fail’.

You need to correct your application by filing amendment in the Trademark application through a Trademark attorney. Sometimes Formality check fail cases require filing of TM-M application along with Govt fee of Rs.900. It is also important to file a reply to examination report if the TM-M is directed in the Examination report.

No, a trademark is not registered if it is phonetically and visually similar to existing Trademark. Thus changing spelling of an existing Trademark makes it phonetically similar to existing Trademark and thus not registrable.

When proceedings on the trademark application is stopped on technical errors in the application and the status shows ‘Formality check fail’ the errors of Trademark application is corrected through TM-M within a specified time of 30 days or as specified in the grounds of objection.

When the Trademark Application is filed with a clerical error or incorrect product or services details into a particular class or any other objectionable reasons then the proceeding on the Trademark application is stopped requiring thereby a quick response to such cases and thus Trademark amendment is required to keep the registration process live and moving in the way of Registration.

No, It is not sure that after amendment of trademark application the trademark shall be registered. The foundation and ground is created before filing the trademark application which is the very basis of registration of the trademark.

To avoid Trademark Objection you should select unique name which is not similar or deceptively similar to any existing mark and should be distinctive in character. To avoid Trademark amendment you should select correct class and correct goods and services belonging to correct class. A better way to file a trademark is in consultation with a Trademark Expertise like Businessmitra which will surely lead to the way of Trademark Registration Easily.

Basic

₹ 2995
  • Filing of Trademark Amendment (TM-M)
  • In one class only
  • Govt fee Included
  • Call with Trademark Expert
  • Search and Advice from Experts
  • Objection Reply
  • Number of hearings
  • Complete Proceedings (upto acceptance or refusal of Mark)
  • Per hearing fee- Rs. 3500/day
  • Better chances of acceptance
Buy now

Standard

₹ 5995
  • Filing of Trademark Amendment (TM-M)
  • In one class only
  • Govt fee Included
  • Call with Trademark Expert
  • Search and Advice from Experts
  • Objection Reply
  • Number of hearings
  • Complete Proceedings (upto acceptance or refusal of Mark)
  • Per hearing fee- Rs. 3500/day
  • Better chances of acceptance
Buy now

Premium

₹ 15995
  • Filing of Trademark Amendment (TM-M)
  • In one class only
  • Govt fee Included
  • Call with Trademark Expert
  • Search and Advice from Experts
  • Objection Reply
  • Number of hearings (Unlimited)
  • Complete Proceedings (upto acceptance or refusal of Mark Unlimited )
  • Per hearing fee- Rs. 3500/day
  • Better chances of acceptance
Buy now
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