24 October 2021
Department raised objection by quoting section 15 of tardemark Act. My trademark device contains series of pictures. Now I want to proceed only with one picture / image in application. Please guide on how ammend my trademark application ? Is there any specific format of affidafit for the same ? Please guide me.
10 July 2024
To amend your trademark application to focus on a specific image from a series of pictures, you will typically need to file an amendment with the trademark office where your application is pending. Below are the general steps and considerations you should follow:
### Steps to Amend Your Trademark Application:
1. **Identify the Specific Image:** - Choose the specific image or picture from the series that you want to proceed with in your trademark application.
2. **Draft an Amendment Request:** - Prepare a written request to amend your trademark application. This request should clearly state that you wish to amend the application to focus on the specific image.
3. **Check Requirements:** - Review the trademark office's guidelines and requirements for amending trademark applications. This may include specific forms to fill out or procedural steps to follow.
4. **Prepare Affidavit or Declaration:** - Typically, you may need to submit an affidavit or a declaration stating the reasons for the amendment. This affidavit should include: - Details of the original application. - Explanation for the change. - Statement that the new image is substantially similar to the image originally filed, or that the new image does not introduce any new element that was not present in the original series.
5. **File the Amendment:** - Submit the written request along with the affidavit or declaration and any required forms to the trademark office. Ensure you include your application number and other identifying information.
6. **Pay Any Fees:** - Check if there are any fees associated with amending your trademark application. Some offices may require a fee for amendments.
7. **Follow Up:** - Monitor the progress of your amendment request. Trademark offices may take some time to process amendments, so check the status periodically.
### Format of Affidavit or Declaration:
Here is a basic outline for the affidavit or declaration:
- **Heading:** Include the title "Affidavit" or "Declaration" centered at the top of the page.
- **Introduction:** State your full name, address, and capacity (e.g., applicant of the trademark application [application number]).
- **Statement of Facts:** - Describe the original trademark application, including the series of images initially submitted. - Explain the reason for amending the application to focus on the specific image, such as clarity or uniqueness.
- **Description of the Specific Image:** - Provide a detailed description of the specific image you wish to proceed with.
- **Confirmation:** - Affirm that the specific image is substantially similar to the image originally filed, or that it does not introduce any new element that was not present in the original series.
- **Conclusion:** - State that the contents of the affidavit or declaration are true to the best of your knowledge and belief.
- **Signature and Date:** - Sign the affidavit or declaration and date it.
### Additional Considerations:
- **Legal Advice:** If you are unsure about the specific requirements or legal implications of amending your trademark application, consider seeking advice from a trademark attorney or agent.
- **Trademark Office Guidelines:** Always refer to the trademark office's specific guidelines and requirements for amending applications. These may vary depending on the jurisdiction.
By following these steps and guidelines, you should be able to effectively amend your trademark application to focus on the desired image within the series.
CAclubindia
