Trademark Amendment Service — Form TM-M and Post-Registration Changes
A trademark amendment corrects or updates your application or registration: a spelling error, a new address, a changed company name or a narrower list of goods. Before registration it is filed in Form TM-M under Section 22 and Rule 37; after registration the register is corrected under Section 58. What you cannot do is substantially change the mark or add new goods.
What it is
A trademark amendment is a request to the Trade Marks Registry to change the details on file for your mark. It covers clerical errors, the applicant’s or proprietor’s name and address, the address for service, and the list of goods or services. After registration, it can also cover a minor change to the mark.
Three sections of the Trade Marks Act, 1999 apply. Section 22 lets the Registrar permit the correction of any error in an application, or an amendment of it, at any time before or after acceptance. Section 58 lets the registered proprietor apply to correct the register. Section 59 allows a registered mark to be altered in a way that does not substantially affect its identity.
All filings are made online on the IP India trade marks portal. Before registration, the form is TM-M under Rule 37 of the Trade Marks Rules, 2017. After registration, changes to the register are made by the proprietor’s request, usually on Form TM-P.
Who it applies to
Fix an error in a pending application
A wrong spelling of the applicant’s name, a missed PIN code or a typo in the goods description can be corrected in Form TM-M while the application is pending. The correction must not change the mark.
Record a new name or address
Say a Faridabad auto-parts company moved its registered office from Okhla to Sector 24 last year. The trade marks record still shows Delhi, so every Registry letter goes to the old office. One request fixes it.
Narrow the goods or services
Picture a startup that filed for a long Class 9 list when it only sells phone chargers. The examiner cites an earlier mark for software. Deleting the software items can clear the objection, and the chargers stay protected.
Why it matters
Get Registry notices on time
The Registry writes to the address for service on record. A stale address is the usual reason owners miss an examination report or a hearing date.
Keep your title matching your records
When you sell, license or enforce the mark, the name on the register must match your PAN, certificate of incorporation and invoices. A mismatch invites awkward questions in any due diligence or court case.
Clear objections without refiling
A narrower specification can take an application past a citation under Section 11 without touching the mark.
Documents required
For any amendment
- Application or registration number and class
- Authorisation for the trade marks agent or advocate filing
- A short note of what is wrong and what it should read
For a change of name
- Fresh certificate of incorporation (for companies), or LLP name-change record
- Board resolution or partners’ consent, where relevant
- Updated PAN or GST record, if available
For a change of address or goods
- Proof of the new address: utility bill, rent agreement or ROC filing
- The revised list of goods or services, marked up against the old one
- Affidavit, if the Registry asks for one
What you can and cannot amend
| Change | Pending application | Registered mark |
|---|---|---|
| Clerical or spelling error | Form TM-M (Section 22 and Rule 37) | Correction of register (Section 58) |
| Applicant’s or proprietor’s name or address | Form TM-M | Section 58; usually Form TM-P |
| Delete or limit goods or services | Allowed | Allowed: strike out goods or classes (Section 58) |
| Add new goods or services | Not allowed | Not allowed — file a fresh application |
| Change the mark | Not allowed if it substantially alters the mark | Only if identity is not substantially affected (Section 59) |
| New owner after a sale | Not an amendment — assignment | Not an amendment — Section 45 assignment |
Here is the catch. Rule 37 bars any amendment that substantially alters the mark, or that brings in goods or services not covered by the original application. So the specification can only shrink. In practice, a Ballabgarh namkeen brand that starts selling packaged juices cannot add juices by amendment. It needs a new application in the class for beverages.
One more trap. A change of name is not a change of owner. If ABC Traders Private Limited becomes ABC Foods Private Limited, that is the same company with a new name. If a proprietor sells the brand to a new company, that is an assignment, and Section 45 applies instead.
How it works
Pull the live record
We download the current status and the details on the e-register, and list every field that is wrong or out of date.
Pick the right form and route
We decide whether the change goes under Section 22 in Form TM-M, under Section 58 on the register, or is really an assignment.
Draft the request and supporting papers
We prepare the form, a clear statement of the change, and the proof the Registry will want to see.
File on the IP India portal
We sign the request digitally and file it online with the official fee, then share the filing receipt.
Track and answer queries
If the Registry raises a query or calls a hearing, we reply and attend. Once it is allowed, we check the corrected entry on the e-register.
Timelines
File TM-M any time before registration
Form TM-M under Rule 37 can be filed at any stage before or after acceptance, as long as the mark is not yet registered.
Correct the register when things change
Correction under Section 58 is made on the proprietor’s application. File as soon as the change happens, so Registry letters and renewal reminders reach the right place.
Allow time for advertisement of alterations
Under Section 59(2), the Registrar may advertise the proposed alteration; anyone can then oppose, and the Registrar decides after hearing the parties.
What happens if you leave it
Miss a reply deadline
Examination reports and hearing notices go to the address on record. Under Rule 33(4), an application can be treated as abandoned if you do not reply to an examination report within one month.
Slow down your own enforcement
A registration in a name your company no longer uses makes infringement and passing-off claims slower, because you first have to prove the link.
Keep an objection open longer
An overlap you could have deleted keeps the application on hold, sometimes for months, until it is resolved.
Frequently asked questions
What is Form TM-M used for in a trademark amendment?
Form TM-M is the request to correct an error in, or amend, a trademark application before registration. Rule 37 of the Trade Marks Rules, 2017 allows it at any time before or after acceptance, provided the mark is not yet registered. The official fee is ₹900 for e-filing and ₹1,000 on paper. We prepare and file it on the IP India portal and track it until the record is updated.
Can I change my logo after filing?
Only if the change does not substantially alter the mark. Rule 37 bars amendments that substantially alter the mark applied for, and Section 59 allows a registered mark to be altered only in a way that does not substantially affect its identity. Dropping a tagline or adjusting colours may pass. A new word or a redrawn device usually needs a fresh application, and we will tell you which side of the line yours falls on.
Can I add more goods or services to my application?
No. Rule 37 does not allow an amendment that substitutes or adds goods or services not covered by the original application. You can only delete or narrow the list. If your business has grown into a new product line, the right step is a fresh trademark application in the correct class.
How do I update the address on my registered trademark?
The registered proprietor applies to the Registrar under Section 58 to enter the change in the register, usually on Form TM-P. Attach proof of the new address. It is worth doing promptly, because every Registry letter, including renewal reminders under Rule 58, goes to the address on record. We file the request online and confirm the e-register shows the new address.
Is a change of company name the same as an assignment?
No. A change of name keeps the same legal entity, so it is a correction of the register under Section 58, supported by the fresh certificate of incorporation. An assignment moves the mark to a different person or company and is recorded under Section 45. If you have renamed your company with the ROC, we record the new name; if you have sold the brand, we handle the assignment instead.
Can narrowing my specification clear an objection?
Often, yes. If an examiner cites an earlier mark under Section 11 for some of your goods, deleting or limiting those items can remove the overlap. Section 18(4) allows the Registrar to accept an application subject to amendments. We usually pair the narrowed list with a reply to the examination report, so the objection and the fix are argued together.
Will my trademark be advertised again after an amendment?
It depends on the change. A clerical correction usually does not need fresh advertisement. Under Section 59(2), the Registrar may advertise a proposed alteration of a registered mark so others can oppose it, and Section 59(3) requires an approved alteration to be advertised if it was not advertised earlier. We tell you upfront if a change is likely to be advertised.
Can I correct the applicant’s name if it was entered wrongly?
Yes, if it is a genuine error and the applicant is the same person or entity. Section 22 lets the Registrar permit the correction of any error in an application. For example, a proprietorship filed in the owner’s trade name instead of the owner’s own name can usually be corrected. Swapping one company for another is not a correction; that needs an assignment.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
| Filing | E-filing | Paper filing |
|---|---|---|
| Form TM-M — amendment in a trademark application | ₹900 | ₹1,000 |
| Post-registration change (Section 58) | Depends on the request; we confirm it before filing | |
Ready to begin?
Send us your application or registration number and what needs to change. We will tell you which form fits and file it.