How to Add or Delete Goods/Services in an Existing Trademark Registration in India?

Last Updated on July 20, 2026

Registering a trademark protects your brand for the specific goods or services mentioned in your application. As businesses grow, many owners wonder whether they can add new products or services to an existing trademark registration or remove those they no longer offer.

The answer depends on the type of change you want to make. While certain amendments, such as restricting or deleting goods/services, may be permitted in appropriate cases, you generally cannot expand the scope of an existing trademark registration by adding new goods or services that were not originally included. In such situations, a fresh trademark application is usually required.

This guide explains when amendments are allowed, when a new application is necessary, the role of Form TM-M, the documents required and common mistakes to avoid.

Understanding the scope of permissible trademark amendments can help you protect your brand while staying compliant with the Trade Marks Act, 1999.

What Are Goods and Services in a Trademark?

Every trademark application must specify the goods or services for which trademark protection is sought.

These goods and services are classified under the Nice Classification (NCL), an internationally recognised system adopted in India.

Examples include: –

Business Type	Relevant Goods/Services
Clothing Brand	Garments, footwear, accessories
Restaurant	Restaurant and food services
Software Company	Software development, SaaS services
Cosmetics Brand	Beauty and skincare products
Educational Institute	Training and education services

A trademark protects only the goods or services covered by the application or registration. Using the mark for unrelated goods or services may require separate trademark protection.

Can You Add Goods or Services to an Existing Trademark?

In most cases, no. A common misconception is that businesses can simply update an existing trademark registration whenever they launch new products or services. However, under the Trade Marks Act and Rules, adding new goods or services that expand the original scope of protection is generally not permitted through an amendment.

For example: –

• A trademark registered for clothing cannot usually be amended later to include cosmetics.
• A trademark registered for restaurant services cannot generally be expanded to include hotel services through a simple amendment.

Instead, the business will normally need to file a fresh trademark application covering the additional goods or services.

Why Can’t New Goods or Services Usually Be Added?

Trademark applications are examined based on the goods and services specified at the time of filing.

Allowing applicants to add entirely new goods or services later could: –

• Change the scope of the application.
• Affect the rights of other trademark owners.
• Require a fresh examination and publication process.

For this reason, significant expansion of the specification is generally not allowed through an amendment request.

Can You Delete Goods or Services from a Trademark?

Yes, in appropriate circumstances. If a business no longer intends to use its trademark for certain goods or services, it may request to delete or restrict those items from the specification, subject to the Registrar’s approval.

Examples include: –

• Discontinuing a product line.
• Closing a business division.
• Narrowing the scope of trademark protection.
• Correcting an overly broad specification.

Deleting or restricting goods or services generally reduces the scope of protection rather than expanding it.

Amending a Pending Application vs a Registered Trademark

Aspect	Pending Application	Registered Trademark
Governing Rule	Rule 38, Trade Marks Rules 2017	Rule 91, Trade Marks Rules 2017
Form Used	Form TM-M	Form TM-M (same form, different provision cited)
Timing flexibility	Before registration — more flexibility	Post-registration — stricter scrutiny
Who approves	Examining Officer	Registrar of Trade Marks
When restriction is easiest	During the examination stage	After registration — possible but less common

Note: if you know your specification needs narrowing, it is significantly easier and faster to restrict goods/services while the application is still pending than after registration. If you’re currently in the examination stage and the examiner has raised objections about certain goods/services, voluntarily restricting the specification in your examination response is often the cleanest solution.

When Can Goods or Services Be Restricted?

A restriction may be appropriate when: –

• The original specification contains unnecessary items.
• The business wishes to focus on specific products or services.
• Certain goods are no longer manufactured or sold.
• The amendment clarifies the existing specification without expanding it.

Whether the amendment is accepted depends on the facts of the case and the Registrar’s decision.

Difference Between Adding and Deleting Goods/Services

Particular	Adding Goods/Services	Deleting or Restricting Goods/Services
Expands Trademark Scope	Yes	No
Usually Permitted Through Amendment	Generally, no	Yes, in appropriate cases
Fresh Application Required	Usually Yes	Generally, no
Registrar’s Approval Required	Not applicable if a fresh filing is required	Yes

This distinction is important because it determines whether you should file an amendment request or submit a new trademark application.

When is a Fresh Trademark Application Required?

A fresh application is generally the appropriate option when: –

• Launching New Products: For example, a company registered for clothing later starts manufacturing perfumes.
• Expanding Into New Business Categories: A software company begins offering educational services under the same brand.
• Registering in a New Trademark Class: If the new goods or services fall under a different trademark class, a separate application is generally required.
• Material Expansion of Existing Goods: Where the proposed addition significantly enlarges the original specification beyond its initial scope.

In these situations, filing a new application ensures that the additional goods or services are independently examined and published as required under the law.

Clothing brands expanding into cosmetics need a separate Class 3 application. Our guide on trademark registration under Class 3 for beauty and cosmetics brands explains the process.

Retail Services: Why Class 35 Needs a Separate Application

A trademark registered under Class 25 (clothing) protects the brand on the products themselves. If the same brand is later used for a retail store, e-commerce website, or online shop, that retail activity falls under Class 35 (retail and business services).

Adding Class 35 retail services to a Class 25 trademark registration is not possible through amendment; it requires a separate, fresh application.

For D2C brands that registered only Class 25 at launch and later opened their own website or physical store under the same brand, this is an important protection gap. The brand on products (Class 25) and the brand on the store/website (Class 35) are legally distinct; both need independent protection.

Common Situations Where Businesses Need Changes

Businesses often seek amendments for practical reasons.

Some common examples include: –

• Launching a new product category.
• Expanding into a different industry.
• Discontinuing old products.
• Rebranding certain business activities.
• Correcting errors in the specification.
• Narrowing trademark protection during legal proceedings.

Understanding the purpose of the change helps determine the correct legal approach.

Documents Required

The required documents depend on the type of amendment requested.

Commonly required documents include:

Document	Purpose
Trademark Registration/Application Number	Identification of the trademark
Applicant Details	Verification
Supporting Documents	Justification for the amendment
Authorisation (if filed through an agent)	Representation before the Registry
Relevant declarations or affidavits (where required)	Supporting evidence

Additional documents may be requested by the Trade Marks Registry depending on the nature of the request. Beyond goods/services amendments, other errors in a trademark application can also be corrected; see our guide on how to correct errors in a trademark application after filing for the full scope of permissible changes.

Step-by-Step Process to Amend Goods or Services in an Existing Trademark

Step 1: Review the Existing Trademark

Carefully review and examine the current specification of goods or services.

Determine whether the proposed change: –

• Restricts the specification,
• Deletes certain goods or services, or
• Attempts to expand the scope.

This assessment helps to identify whether an amendment or a fresh application is appropriate.

Step 2: Determine the Correct Procedure

If the change merely restricts or deletes goods or services, an amendment request may be possible.

If the change seeks to add new goods or services, a fresh trademark application is generally the correct approach.

Step 3: Prepare the Amendment Request

Where an amendment is permissible, prepare the prescribed request (commonly Form TM-M, where applicable) with: –

• Trademark details.
• Nature of the amendment.
• Supporting explanation.
• Relevant documents.

Choosing the correct legal procedure at the outset can save time and help avoid unnecessary trademark objections from the Trade Marks Registry.

Step 4: Submit the Amendment Request

If your proposed change is legally permissible, submit the amendment request to the Trade Marks Registry through the prescribed mode.

Where applicable, the request is generally made using Form TM-M, along with the required supporting documents and the prescribed government fee.

Before submission, ensure that: –

• The trademark application or registration number is correct.
• The amendment request clearly explains the proposed change.
• All supporting documents are attached.
• The information matches the existing trademark records.

Step 5: Examination by the Trade Marks Registry

After the request is filed, the Trade Marks Registry examines whether the proposed amendment is permissible under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.

The Registry may: –

• Approve the amendment.
• Seek additional clarification or documents.
• Raise an objection.
• Reject the request if it expands the scope of the trademark or is otherwise not permissible.

The final decision depends on the facts of the case and the Registrar’s assessment.

Form TM-M Government Fee for Goods/Services Amendment

Applicant Type	E-Filing Fee	Physical Filing Fee
Individual / Startup / Small Enterprise	₹900 per class	₹1,000 per class
Company / LLP / Partnership / Other	₹1,800 per class	₹2,000 per class

The fee applies per class. If your trademark covers 3 classes and you’re amending the specification in all three, the fee multiplies accordingly. For deletion of goods/services, the same Form TM-M fee applies even though you’re reducing rather than expanding protection. Verify the current fee on the IP India portal, as fees are periodically revised.

How Long Does the Amendment Process Take?

There is no fixed timeline for processing every amendment request.

Approximate Timeline for Specification Amendment

Amendment Type	Approximate Processing Time
Deletion/restriction — simple, clear case	3–6 months
Restriction during examination response	Processed with examination — 1–3 months
Post-registration specification restriction	6–12 months
Cases requiring clarification or a hearing	Add 3–6 months to the above

These timelines are approximate and depend heavily on Registry workload. A voluntary restriction included within an examination report response is typically processed fastest because it’s part of an existing examination workflow rather than a standalone amendment request.

Common Reasons for Rejection

Not every amendment request is approved.

Some common reasons include:

• Attempting to add new goods or services that expand the original scope.
• Requesting changes that substantially alter the trademark registration.
• Incomplete or incorrect documentation.
• Filing the wrong form.
• Failure to respond to Registry queries.
• Insufficient justification for the requested amendment.
• Inconsistencies between the amendment request and existing trademark records.

Understanding the legal limits of trademark amendments can significantly improve the chances of a successful application.

Conclusion

Amending the goods or services covered by a trademark requires a clear understanding of what the law permits. While restricting or deleting goods or services may be allowed in appropriate cases, adding new goods or services that expand the original scope of protection generally requires filing a fresh trademark application. Choosing the correct legal approach from the beginning can help avoid delays, objections and unnecessary expenses.

Before requesting any amendment, review your trademark specification carefully, gather the necessary supporting documents and follow the prescribed procedure under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. If your business is expanding into new products, services or trademark classes, filing a fresh application is often the most effective way to secure comprehensive legal protection for your growing brand.

Frequently Asked Questions (FAQs)

1. Can I add new goods or services to my existing trademark?

Generally, no. If the proposed addition expands the original scope of protection, you will usually need to file a fresh trademark application.

2. Can I remove goods or services from my trademark registration?

Yes. In appropriate cases, you may request the deletion or restriction of goods or services, subject to the approval of the Trade Marks Registry.

3. Which form is used to amend the specification of goods or services?

Where an amendment is permissible, Form TM-M is commonly used to request the change.

4. Can I add a new trademark class to an existing registration?

No. If protection is required in a new trademark class, a separate trademark application is generally necessary.

5. Why can’t I simply add new products to my existing trademark?

Adding new goods or services would expand the scope of the original application. Such changes are generally not permitted through an amendment because they require independent examination and publication.

6. What is the difference between amending a pending trademark application and a registered trademark?

A pending application amendment is governed by Rule 38 of the Trade Marks Rules 2017 and is processed by the Examining Officer. A post-registration amendment is governed by Rule 91 and is processed by the Registrar. Both use Form TM-M but cite different provisions. Specification restrictions are generally easier and faster to process while the application is still pending — before registration is granted.

7. Can a third party force deletion of goods/services from my trademark?

Yes. Under Section 47 of the Trade Marks Act 1999, if a trademark has not been used for specific goods or services for a continuous 5-year period, any aggrieved person can apply for rectification to remove those unused goods/services from the Register. This is a separate process from amendment — it is filed before the High Court, not the Trade Marks Registry. Proactively restricting your specification to goods you actually use reduces this risk.