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The IPAA challenged the initial IPTO order that no amendments
could be made before the Delhi high court. The IPAA mentioned that
it had a pending representation with the CG. The court therefore
took the easy way out and suggested that the CG hear the parties
and pass an order on their representation.
Although this was prompted by the court, there there is no
reason why such a judicial process cannot be institutionalised for
future decision making by the IPTO. The CGPDTM Order specified that
'substantial alteration' would include amendment of the
trademark, details of the proprietor, specification of goods/
services, etc. However, requests in the amendment of proprietorship
due to a valid assignment, or clerical errors in the address of the
applicant, etc would be allowed.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
