In this post we will learn What is TM-M when cited in Trademark Examination Process and What can be changed or not changed by using TM-M.
Many times we see the mention of TM-M form in Trademark examination reports, which is generally mentioned when some error has been made during the filing of the trademark application, we will today discuss about the TM-M form only with respect to Trademark objection report first in this article.
TM-M is mainly the form available for the modification of the Trademark application during the registration process. It is can only exercisable during the registration process i.e prior to the registration. The main object of the TM-M is to resolve the error made either typographical error or minor changes, which leads to avoidance of fresh application because typo error is very common and because of which an application should not be rejected and for the same it involves fresh application with waste of time and cost. In order to avoid fresh application for the minor mistakes, TM-M is exercisable to do such changes with limitations.
The TM-M either can be initiated by the Applicant or his attorney themselves or by the registrar which exercising his adjudicating power, he may ask the applicant/attorney to do such changes for the betterment. However the decision for the allowing the TM-M rests with the discretion of the registrar. After the amendment also the application will be scrutinized by the registrar whether it has fulfilled the legal conditions or not.
There are certain limitations to the TM-M i.e only on minor mistakes we can do the amendment and which should not change the whole nature of the application or the same should not affect the nature of the application. Hence amending the word mark, user date, classes are strictly prohibited. And regarding to the device, changing the whole device, changing the color, adding anything new to the device are not allowed however we can change the font size and deletion of certain part in the logo can be made. So, TM-M can be used in order to typographical errors in the name, address, etc of the applicant. And in regard to the general goods, alteration of the goods can be done by using the TM-M and further the updating goods should fall within the earlier applied class.
Hence, the applicant or their attorney can do amendment to the application prior to the registration through TM-M with prescribed fees, even the registrar order to do so, the fees has to be paid.
Fees for TM-M is Rs 900. Apart from filing of amendments or correction of clerical errors, TM-M is used for variety of purposes which will be explained later in separate blog soon.
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