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23 September 2014
In India, applications for registrations for trademarks can be filed either on intent to use basis or by providing the details of use. The application form for registration of a trademark specifically requires an applicant to either state that the mark in question is proposed to be used or alternatively give the actual date in day/month/year format from which the proprietor has commenced using the trademark.
Frequently, trademark applicants have been resorting to making requests for amending the statement of use, particularly when it comes to light during examination that the same or a similar mark has been applied for or stands registered in the name of a prior applicant or registered proprietor, respectively. This claim to prior use by way of amendment has often been found to be dubious and has led to disputes between parties. The Controller General of Trademarks, in his recent order, has therefore prohibited the use of such amendments.
However, to provide for genuine cases where such statement of use was wrongly mentioned in the earlier application, the Controller in his order has opined that in such cases, applicants should file fresh applications giving the correct statement of use. Therefore, applicants who subsequently discover that the statement of use was wrongly mentioned in their earlier trademark application are now at liberty to rectify this wrong by refilling the application with the correct statement of use, with the ‘blessings’ of the Authorities.
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