Details on the Register go out of date. Companies rename, move office, change agents, or spot a typographical error made years earlier. Each of these is recorded by filing a request with the trademark office.
Which form do I use?
This is the question that trips people up, and the answer is simple.
The form depends on the status of the mark, not the type of change.
- Form TM-M where the application is still pending.
- Form TM-P where the mark is registered.
One exception worth noting at the outset: a change of ownership through assignment, merger, acquisition or amalgamation is a different process with different requirements. See trademark assignment and transfer.
Change of name
Where the name of the trademark owner changes but ownership does not, you record the new name against the mark. A company that renames itself is still the same legal entity, so this is a name change, not an assignment.
Documents required:
- Name change document: certified or notarised copy of the trade register or company register evidencing the change. A certificate of incorporation issued on change of name by the Registrar of Companies is the usual document for Indian applicants.
- Power of Attorney: scanned copy, simply signed by the authorised signatory under the new name. Legalisation, notarisation and apostille are not required.
Forms and fees:
| Status | Form | Official fee |
|---|---|---|
| Pending | TM-M | INR 900 per mark |
| Registered | TM-P | INR 1,800 per mark |
Change of address
Where the owner’s address changes.
Documents required:
- Address change document: for Indian applicants, a certified copy of the supporting document. For applicants outside India, a certified or notarised copy of the trade register or company register evidencing the change. A statement on company letterhead signed by the authorised signatory is often acceptable.
- Power of Attorney: scanned copy, simply signed by the authorised signatory.
Forms and fees:
| Status | Form | Official fee |
|---|---|---|
| Pending | TM-M | INR 900 per mark |
| Registered | TM-P | INR 900 per mark |
Keep the address current. The Registry serves notices at the recorded address for service. An out-of-date address is how applicants miss examination reports and opposition notices, and those deadlines do not forgive a postal failure.
Change of legal counsel or address for service
Where you change agent, or where you want to file a name change, address change or assignment through an agent.
Documents required:
- Power of Attorney: a duly stamped Power of Attorney in favour of the incoming counsel or authorised agent.
Forms and fees:
| Status | Form | Official fee |
|---|---|---|
| Pending | TM-M | INR 900 per mark |
| Registered | TM-P | INR 900 per mark |
Amendment of specification
You can narrow the specification of goods or services. You cannot broaden it.
This matters when responding to an objection or settling an opposition, where restricting the specification is often the concession that resolves the matter. Once narrowed, the ground given up cannot be reclaimed in that application.
Amendment to the mark itself
Very limited. An amendment is permitted only where it does not substantially affect the identity of the mark.
In practice the Registry reads this strictly. If the change alters what the mark communicates to a consumer, expect it to be refused, and expect to need a fresh application with a fresh filing date.
Typographical and clerical errors
Genuine clerical errors can be corrected on the same forms. The correction must be an error in recording what was intended, not a change of mind about what to apply for.
Frequently asked questions
Do I need to file separately for each mark? Yes, the fees are per mark. A portfolio-wide name or address change means a filing for each mark, which is worth budgeting for.
Does the Power of Attorney need notarisation or legalisation? No. For Indian trademark matters a simply signed Power of Attorney is sufficient. It does need stamping where it is in favour of an agent.
What if I need several changes at once? They are usually filed together where the status of the mark is the same. Sequence matters if ownership is also changing, since the assignment should generally be recorded before or alongside the other changes.
My company changed name years ago and we never recorded it. Is that a problem? It can be. A mismatch between the Register and your current legal name creates friction on renewal, in enforcement, and in due diligence during a transaction. It is straightforward to fix and worth doing before it becomes urgent.
Is a change of name the same as an assignment? No. A name change is the same entity under a new name. An assignment is a transfer to a different entity. They use different forms and require different documents.
Useful official resources
- IP India e-filing portal
- IP India public search — to check current recorded details
- Trade Marks Act, 1999
Need a portfolio-wide update recorded? Talk to us and we will scope it across all your marks at once.