A registered trademark reflects the identity and goodwill of a business, but as companies evolve, so do their branding and operational needs. Whether due to a rebranding initiative, changes in ownership details, or minor visual modifications, there may be a genuine need to alter the particulars of a registered trademark. Such modifications, if they do not affect the core identity of the trademark, are recognized as alterations under Indian trademark law. It is essential, however, to distinguish this from rectification, which is a legal remedy available to correct or remove an entry made in the Register that is either erroneous or was entered without sufficient cause. In India, such changes are legally permissible under specific conditions and must follow a structured process under the Trade Marks Act, 1999.
This guide provides a detailed breakdown of the legal and efficient process for altering a registered trademark in India.
Difference Between Alteration and Rectification
| Feature | Alteration | Rectification |
| Purpose | To update/modify particulars | To correct an error or remove a wrong entry |
| Legal Basis | Section 59 of the Trade Marks Act,1999 | Section 57 of the Trade Marks Act,1999 |
| When used | Voluntary change by the proprietor | Initiated by any party (including third parties) |
| Example | Changing the owner’s address | Removing the wrong user claim |
What is an Alteration to a Registered Trademark?
An alteration refers to any modification or change made to the particulars of a trademark after its registration without changing the core identity of the trademark. This may include:
- Changes in the address or name of the owner
- Minor visual or design tweaks in the logo
- Typographical corrections
- Updates due to business reorganization
Legal Provision for Alteration
Alteration of a registered trademark is governed under Section 59 of the Trade Marks Act, 1999, read with Rule 92 of the Trade Marks Rules, 2017. It allows the trademark holder to request changes that do not alter the distinctive character of the mark. The decision to alter the trademark depends on the discretion of the Registrar.
Types of Permissible Alterations
The following are generally allowed:
- Minor changes in font, size, or colour
- Correction of clerical errors
- Updates to the proprietor’s name or address
- Adding or removing disclaimers
- Adding a translation or transliteration
- Alteration to the mark’s appearance (as long as it doesn’t change the basic identity)
- Changes in the colour scheme of a logo
Example:
If your registered trademark reads “Wheelo Motors Pvt Ltd”, and your company has now become a limited company, you may apply to change it to “Wheelo Motors Ltd”.
When Alteration is Not Permitted
- Addition of a new word to the trademark (e.g., “Luxora” to “Luxora Gold”)
- Changing the wordmark entirely
- Introducing a new design element that was not originally registered
- Making the mark deceptively similar to another existing trademark
For example, changing a wordmark “LUXORA” to “LUXORIA PLUS” is not permissible under alteration and requires fresh trademark registration.
Benefits of Altering a Registered Trademark
- A cost-effective alternative as compared to the fresh application
- Preserves Original Registration Rights
- Legal Recognition of Updated Mark
- Faster Process than Re-registration
- Reflects legal or structural changes effectively.
Eligibility for Trademark Alteration
Only the following persons can file for a trademark alteration:
- The registered proprietor of the trademark
- A legally authorised representative (with a valid Power of Attorney)
- In case of an assignment, the new owner can apply after submitting the relevant assignment deed or ownership documents
It is also essential that the trademark is in registered status (not pending or opposed) for an alteration application to be accepted.
Documents Required
To file for trademark alteration, you will need:
- Copy of the Trademark Registration Certificate
- Proposed altered trademark image (if applicable)
- Valid reason and justification for the alteration
- Supporting documents like proof of change in address, identity, etc.
- Power of Attorney (if filed through agent/attorney)
How to Apply for the Alteration of a Registered Trademark?
Follow the steps below for altering a registered trademark.
Step 1: Draft and file the Form TM-P
The application for alteration is made using Form TM-P as per the Trade Marks Rules, 2017.
Step 2: Attach Required Documents
All supporting documents and representations of the altered trademark should be submitted.
Step 3: Payment of Fees
Make the online payment based on the entity type:
- ₹900 for individuals/startups/small entities
- ₹1800 for others
Step 4: Examination by Trademark Office
The trademark office will scrutinize your application to check if the proposed change is within permissible limits. If objections arise, you may be called for a show-cause notice hearing.
Step 5: Publication in Trademark Journal
If accepted, the alteration is published in the Trademark Journal to invite public opposition, if any.
Step 6: Final Entry in Register
If no opposition is received or if it is resolved in your favour, the alteration is recorded in the trademark register and an updated registration certificate is issued.
Common Mistakes to Avoid
- Filing and submitting the wrong form
- Poor Image Quality
- Lack of Valid Justification
- Not submitting the Required documents
- Ignoring Publication Requirement
- Failure to Track Application Status
Conclusion
Trademark alterations are more than just administrative updates; they are legal procedures that ensure your registered mark remains correct, relevant, and enforceable. While Section 59 of the Trade Marks Act allows such alterations, they are only permitted if the mark’s basic identity remains intact. Any changes that alter the distinguishing character of a trademark require a new trademark registration process. As a result, firms must exercise caution, follow the approved method, and provide adequate documentation. By following the legislative framework, owners can maintain the legal validity of their trademarks and ensure they remain commercially linked to their evolving brand identity.
