Amendments to a trademark application
Amendments to a trademark application or a trademark registration in India can be made by filing a request with the trademark office. In general, the amendments are with respect to typographical errors made at the time of making the application for registration or in respect of changes such as the change of ownership, change of name, change of address, change of legal counsel, change of date of use of the mark in India etc.
Change of ownership by way of Assignment, Merger, Amalgamation or Acquisition are dealt with under Transfer of Trademark Rights in India.
With respect to the other changes the form to be filed is determined as to the status of the trademark application.
Form TM-M is used when the trademark application is pending registration.
Form TM-P is used when the trademark application is registered.
Change of name:
When the name of the trademark owner changes without a change in ownership of the trademark, then a request is made to the trademark office to record the change in the name of the trademark owner.
Information & Documents required for change of name:
Name change document: Certified/Notarized copy of the trade register/company register evidencing the name change. Ex: A certificate of incorporation pursuant to a change of name issued by the Office of the Registrar of Companies.
Power of Attorney: Scanned copy of the POA simply signed by the authorised signatory of the trademark owner under the new name. Legalization, notarization or apostille of the POA is not required.
Forms and Official fees:
| Description of the requests | Forms and official fees |
| Request for recording the change of name when the trademark application is pending registration | Form TM-M with an official fee of Rs. 900 per mark |
| Request for recording the change of name when the trademark is registered | Form TM-P with an official fee of Rs. 1800 per mark |
Change of address:
When the address of the trademark owner changes, then a request is made to the trademark office to record the change in the address of the trademark owner.
Information & Documents required for change of address:
Address change document: A statement in the company letterhead when applicable, simply signed by the authorised signatory of the trademark owner that the address of the trademark owner has changed.
Power of Attorney: Scanned copy of the POA simply signed by the authorised signatory of the trademark owner under the new address. Legalization, notarization or apostille of the POA is not required.
Forms and Official fees:
| Description of the requests | Forms and official fees |
| Request for recording the change of address when the trademark application is pending registration | Form TM-M with an official fee of Rs. 900 per mark |
| Request for recording the change of address when the trademark is registered | Form TM-P with an official fee of Rs. 900 per mark |
Change of legal counsel:
When the trademark owner decides to change his/her legal counsel/trademark agent, then a request is made to the trademark office to record the change in the legal counsel/trademark agent. This is generally known as the request to change in the address for service in India.
Information & Documents required for change of legal counsel/trademark agent:
Power of Attorney: Scanned copy of the POA in favour of the new legal counsel/trademark agent, simply signed by the authorised signatory of the trademark owner. Legalization, notarization or apostille of the POA is not required.
Forms and Official fees:
| Description of the requests | Forms and official fees |
| Request for recording the change of legal counsel/trademark agent (address for service) when the trademark application is pending registration | Form TM-M with an official fee of Rs. 900 per mark |
| Request for recording the change of legal counsel/trademark agent (address for service) when the trademark is registered | Form TM-P with an official fee of Rs. 900 per mark |
Amendment of specifications:
When the owner of a trademark wishes to amend the specification of goods/services under the application as filed, a request must be filed with the trademark office. It is important to note that the specifications cannot be widened from the original application but can only be narrowed/reduced as may be required by the applicant.
| Description of the requests | Forms and official fees |
| Request for amendment of specification of goods when the trademark is unregistered | Form TM-M with an official fee of Rs. 900 per mark |
| Request for amendment of specification of goods when the trademark is registered | Form TM-P with an official fee of Rs. 900 per mark |
Amendment to the trademark application or registration
When the owner of a trademark wishes to amend the trademark itself which has been applied for, a request can be filed with the trademark office. However, any amendment which substantially alters the nature of the trademark as applied for (whether registered or unregistered) would not be accepted by the trademark office.
| Description of the requests | Forms and official fees |
| Request for amendment of the trademark when the trademark is unregistered | Form TM-M with an official fee of Rs. 900 per mark |
| Request for amendment of the trademark when the trademark is registered | Form TM-P with an official fee of Rs. 2700 per mark |
Typographical errors
When an application is filed with typographical errors the same can be rectified by filing a request with the trademark office. The typographical errors cover a wide change of amendments such as amending the user date, specification of goods and services, nature of business of the applicant and even class when the application has not been examined by the trademark office. In general, request for amendments post registration of the trademark is not accepted by the trademark office.
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