Last Updated on February 27, 2026
Trademark registration is one of the most important steps in securing your business. In this competitive world, it is very crucial to protect your business name and secure a trademark registration. Filing a trademark application and getting your mark registered can be exhausting, time-consuming, and tedious if not done with utmost care and precision, and that’s where you need expert help.
Imagine you are filling out the application, and you tend to make errors, or you expand your business after registering your trademark and need to change the proprietor details in the application. What would you do? Is it possible to change the details in the application after it is filed or after your mark is registered?
Well, yes, all of this is possible. The Trademarks Act, 1999, and the Trademark Rules, 2015, provide opportunities for the trademark owners or third parties to alter/amend the details in the trademark application. It is an easy process and can be done through both e-filing and physical filing. Let’s see how the applicant can change/amend/correct the details of the application before and after registering their trademark.
Before understanding how to make changes in the application, let us first understand what can be changed and what cannot. Section 59 of the Trademarks Act, 1999, clearly describes the particulars that can be altered and that cannot be altered. The table below will give you a clear idea about it:
| When can you change | What can be altered | What cannot be altered |
| Pre-registration | a. Change in the proprietorship due to assignment, merger, acquisition, or transmission
b. Amendment in the address of the applicant or the address of service. c. Removal of certain items from the specification of goods and/or services. d. Alteration in the scope of goods and/or services. e. Changes from multiclass applications to single-class applications. |
a. Addition to items in the specification of goods and services
b. Changes in the use of the mark
|
| Post- registration | a. Alterations in the name, address, or description of the registered proprietor.
b. Cancellation of an entry in the Trademark registry. c. Change in proprietorship by way of Transfer or Assignment d. Conversion of Specifications |
a. The colour, text, or wording, appearance of the trademark
b. In case of a device mark, the logo forms an integral part of the mark and cannot be altered. c. The user details of the mark cannot be amended. d. The type of the trademark, viz., word mark, logo, sound mark) |
Situation 1: Change in the name of the proprietor before registration of the trademark, clerical in nature.
To err is human; one may misspell the applicant’s or proprietor’s name or details when filing the application. However, amendments are possible. The following section explains how to amend a trademark application before registration.
1. Who can amend the trademark application?
The applicant/registered proprietor, either by itself or through the power agent, can file an appropriate application in Form Tm-M (Trademark Miscellaneous Form) before the trademark registry for amendment in the details of the proprietorship.
2. Documents required to amend the details of the proprietor in the trademark application?
- Form TM-M
- Proof for name change – Business license, Aadhaar card, PAN card, Business Agreements (if any)
Note: For clerical errors, minimal compliance is needed.
3. Fees required for the amendment of the trademark application:
Official fees for Form TM-M: INR 900 (e-filing), INR 1000 (physical filing).
4. Step-by-step procedure for amendment of trademark application (pre-registration): (in case of e-filing)
a. Log in to the e-filing portal of the trademark registry.
b. Click on the New Form Filling tab.
c. Select the form TM-M to be redirected to a new tab.
d. Select the third category: ‘correction for clerical error or amendment under Rule 37 of the trademark rules, 2017.’
e. Once you click the option, the form will appear on the screen. This form is divided into three parts.
f. Details of the application you wish to amend
g. Purpose of the amendment
h. Upload the documents
i. Payment of the prescribed fees:
Complete the Form, upload your documents, and pay the required fees. After payment, you will receive an acknowledgement receipt and a reference number for future reference. Wait for approval. Once allowed, your application is amended.
Note: For physical filing, fill out the form and submit it with supporting documents to the trademark registry after paying the fees.
Situation 2: Change in the name of the proprietor after registration of the trademark:
Once your trademark is registered, there are times when changes may be necessary. Business expansion, mergers, or assignments can lead to amendments in proprietorship. In such complex cases, expert assistance may help. Now, let’s see how amendments can be made after your mark is registered, using a simple step-by-step guide. This section explains how to file amendments in the trademark application after registration in the simplest way:
Who can amend the trademark application?
Only the registered proprietor or their agent can amend the trademark application after registration.
What documents are required to amend the details of the proprietor in the trademark application?
- Form TM-P
- Trademark legal use certificate
- Proof for name change – Business license, Aadhaar card, PAN card, Business Agreements (if any)
- In case of a change in the specification of the good, then the details of the same
- In case of an amendment through a Court Order, the Order copy needs to be uploaded.
- Any other document required to effect the amendment
Fees required for the amendment of the trademark application:
| Nature of change | e-filing(INR) | Physical filing (INR) |
| Assignment/merger/acquisition/licensing | 9000 | 10,000 |
| Change a name and/or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark. | 1800 | 2000 |
| Change in address or address for service in India of Registered Proprietors under section 58 for each trademark | 900 | 1000 |
| Request for cancellation of an entry in the register or part thereof under section 58 for each trademark. | 900 | 1000 |
Step-by-step procedure for amendment of trademark application (pre-registration):
1. Log in to the e-filing portal of the trademark registry
2. Click on the New Form Filling tab
3. Select the form TM-P, and you will be redirected to a new tab.d.The applicant will have to select from one of the following options given – for this section, you will have to select the third category- “correction for clerical error or amendment under Rule 37 of the trademark rules, 2017.”
4. Once you click on the option, the form will be displayed on the screen. This form is divided into three parts- Part A, B, and C. Part A and C are mandatorily filled, and amongst the options given in Part B, the applicant has to choose.
- Part A- Details of the applicant, its Agent (if any), and details of the trademark for which the amendment is sought.
- Part B: Purpose for amendment- the applicant has to choose amongst the given options. In case of a change in proprietorship, the applicant has to fill in the details in sub-section (a).
- Part C: Sign and upload the documents
5. Payment of the prescribed fees
6. After completing the form and submitting documents, pay the required fee. You receive an acknowledgement and reference number for tracking. Wait for approval. Once allowed, your application is amended.
Note: For physical filing, fill out the form and submit it with supporting documents to the trademark registry after paying the fees.
Having outlined both pre- and post-registration amendment processes, you might wonder where to find helpful guidance. That’s where Kanakkupillai comes in.
At Kanakkupillai, we simplify legal procedures and offer end-to-end solutions for your legal needs. Our experts make trademark registration easy, helping you secure your business quickly and efficiently.
Consult us today for all your trademark registration needs.
Conclusion
Trademark registration goes beyond filing the application; applicants must remain vigilant. Trademark watch is essential for protecting your brand. Though alteration processes seem simple, they involve complex legal technicalities. Secure your mark today—your brand is your identity.
Frequently Asked Questions
1. Which form to file for applying for the amendment of a trademark?
FORM TM-M for changes before registration of the mark
FORM TM-P for changes after registration of the mark
2. What are the documents required for filing the Application?
You need valid login credentials, documents showing the changes, and any relevant business agreements.
3. What are the chances of my application being accepted?
It is solely the discretion of the officer in charge to accept the application based on the documents and reasoning submitted by the applicant.
4. Can I file more than one application for amendment?
No, only one application can be maintained against one amendment. The applicant cannot request multiple amendments in one application.
5. How do I know if my application is processed/accepted/rejected?
It will be reflected on your e-register portal or you can contact the trademark registry for the same.
6. Can I file the application on my own?
Yes. However, seek legal expert support for technical matters.
7. Is it necessary to update the trademark registry in case of the assignment of the mark?
Yes, to prevent cancellation of the mark, you must inform the trademark registry of the updation.
8. Can I change my device, colour, word, or make additions to the specification?
Minor changes in the application are allowed, but the trademark as a whole cannot be changed, as it will affect the visibility of the mark.
