Amendments to Trademark Application: A Simple Guide

Trademark applications or registrations in India sometimes require amendments. These amendments can be made by submitting a request to the trademark office. Typically, amendments involve correcting typographical errors made during the application process or making changes such as ownership, name, address, legal counsel, or the date of use of the mark in India.

Change of Ownership:

If there is a change in the name of the trademark owner without a change in ownership, a request is made to the trademark office to update the name of the trademark owner. To do this, you will need a certified or notarized copy of the trade register or company register that proves the name change. Additionally, a scanned copy of a power of attorney (POA) signed by the authorized signatory under the new name is required. 

Forms and Official Fees for Change of Name:

• Pending registration: File Form TM-M with an official fee of Rs. 900 per mark.

• Registered trademark: File Form TM-P with an official fee of Rs. 1800 per mark.

Change of Address:

The trademark owner can request an update of the address with the trademark office when the address changes. A simple statement on the company letterhead, signed by the authorized signatory, stating the change of address is sufficient. Additionally, provide a scanned copy of the POA signed by the authorized signatory under the new address. 

Forms and Official Fees for Change of Address:

• Pending registration: File Form TM-M with an official fee of Rs. 900 per mark.

• Registered trademark: File Form TM-P with an official fee of Rs. 900 per mark.

Change of Legal Counsel:

If you wish to change your legal counsel or trademark agent, you need to request the change with the trademark office. This is commonly known as a request to change the address for service in India. To do this, provide a scanned copy of the new legal counsel’s or trademark agent’s POA, simply signed by the authorized signatory. 

Forms and Official Fees for Change of Legal Counsel:

• Pending registration: File Form TM-M with an official fee of Rs. 900 per mark.

• Registered trademark: File Form TM-P with an official fee of Rs. 900 per mark.

Amendment of Specifications:

If you want to amend the specification of goods or services in your trademark application, you can file a request with the trademark office. Note that the specifications cannot be expanded from the original application but can only be narrowed or reduced, as required by the applicant.

Forms and Official Fees for Amendment of Specifications:

• Unregistered trademark: File Form TM-M with an official fee of Rs. 900 per mark.

• Registered trademark: File Form TM-P with an official fee of Rs. 900 per mark.

Amendment to the Trademark Application or Registration:

If you wish to amend the trademark itself in your application or registration, you can file a request with the trademark office. However, substantial alterations that change the nature of the trademark will not be accepted.

Forms and Official Fees for Amendment to the Trademark:

• Unregistered trademark: File Form TM-M with an official fee of Rs. 900 per mark.

• Registered trademark: File Form TM-P with an official fee of Rs. 2700 per mark.

Typographical Errors:

If there are typographical errors in your application, you can rectify them by submitting a request to the trademark office. These errors can include amendments to the user date, specification of goods and services, nature of the business of the applicant, and even the class, in cases where the application has not yet been examined by the trademark office. It’s important to note that requests for amendments after the registration of the trademark are generally not accepted by the trademark office.

In conclusion, making amendments to a trademark application or registration in India is a straightforward process. Whether you need to correct typographical errors or make changes to ownership, name, address, legal counsel, or specifications, you can submit a request to the trademark office using the appropriate form based on the status of your trademark application. By following the guidelines and providing the necessary information and documents, you can ensure that your trademark records are accurate and up to date.

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