Your trademark is a valuable business asset, and keeping its details accurate is just as important as registering it. If you haven’t secured your brand yet, start with our Trademark Registration in India guide. And once registered, make sure your trademark remains valid by completing timely renewals—learn more in our Trademark Renewal in India guide.
- How to Amend a Trademark Application or Registration in India
How to Amend a Trademark Application or Registration in India
Your brand is one of your most valuable business assets — and your trademark is what protects it. But what happens when details in your trademark application or registration need to be corrected or updated? The good news is that Indian trademark law provides a clear, structured process for making amendments.
Whether it’s a spelling error in your company name, a change in business address, or a modification to your goods and services specification, this guide walks you through everything you need to know — the process, the right forms, the official fees, and the key boundaries you cannot cross.
What Is a Trademark Amendment?
Amendments to a trademark application or registration in India can be made by filing a request with the trademark office. These generally cover typographical errors made at the time of application or changes such as name, address, legal counsel, and date of use of the mark in India.
The legal authority for this sits under Section 22 of the Trade Marks Act, 1999, which empowers the Registrar to permit corrections and amendments — either before or after the application has been accepted for registration.
Which Form Do You File?
Before getting into amendment types, understand this foundational rule:
- Form TM-M — filed when the trademark application is pending registration
- Form TM-P — filed when the trademark is already registered
TM-M is among the most commonly used trademark forms after TM-A, as it allows the applicant or their representative to make changes to the original application before the trademark is registered. It is primarily available for minor or typographical changes, helping applicants avoid filing a fresh application and saving considerable time and money.
Types of Trademark Amendments Allowed in India :
1. Change of Name (Without Change of Ownership) :
If your company has undergone a name change — say, a rebranding or restructuring — but the underlying ownership remains the same, you can update the trademark records accordingly.
Documents required:
- Certified or notarised copy of the trade register or company register evidencing the name change
- Scanned copy of a Power of Attorney (POA) signed by the authorised signatory under the new name
Note: Legalisation, notarisation, or apostille of the POA is not required.
Official Fees:
| Status | Form | Govt. Fee (per mark) |
| Pending Registration | TM – M | Rs. 900/- |
| Registered Trademark | TM – P | Rs. 1800/- |
2. Change of Address :
When the registered address of the trademark owner changes, the trademark records must be updated to remain accurate and legally enforceable.
Documents required:
- A statement on company letterhead, signed by the authorised signatory, confirming the change of address
- Scanned copy of POA signed under the new address
Official Fees:
| Status | Form | Govt. Fee (per mark) |
| Pending Registration | TM – M | Rs. 900/- |
| Registered Trademark | TM – P | Rs. 1800/- |
3. Change of Legal Counsel or Trademark Agent :
If you’re switching your trademark attorney or agent, you need to formally update the address for service with the Trademark Registry.
Documents required:
- Scanned copy of the new legal counsel’s or trademark agent’s POA, simply signed by the authorised signatory
Official Fees:
| Status | Form | Govt. Fee (per mark) |
| Pending Registration | TM – M | Rs. 900/- |
| Registered Trademark | TM – P | Rs. 900/- |
4. Amendment of Specification of Goods or Services :
Your trademark covers specific goods or services under a particular class. If you need to narrow that scope — for instance, to remove a category you no longer operate in — you can file for an amendment.
Critical rule: The specifications cannot be widened from the original application but can only be narrowed or reduced as required by the applicant. You cannot add new categories of goods or services through an amendment.
Official Fees:
| Status | Form | Govt. Fee (per mark) |
| Pending Registration | TM – M | Rs. 900/- |
| Registered Trademark | TM – P | Rs. 1800/- |
5. Amendment to the Trademark Itself :
In certain cases, you may wish to make a minor modification to the trademark — for example, a small design or textual change.
Critical rule: The trademark law in India gives an opportunity for amendments, provided the extent of changes is minor and does not substantially affect the identity of the mark or the extent of goods and services covered. Any amendment that materially alters the nature of the trademark will not be accepted, and you would need to file a fresh application.
Official Fees:
| Status | Form | Govt. Fee (per mark) |
| Pending Registration | TM – M | Rs. 900/- |
| Registered Trademark | TM – P | Rs. 1800/- |
6. Correction of Typographical Errors :
Errors in data entry during filing — such as incorrect user dates, wrong goods descriptions, or nature of business — can be corrected by filing a request with the Registry.
Common typographical corrections include amendments to the user date, specification of goods and services, nature of business of the applicant, and even the class of goods or services — provided the application has not yet been examined by the trademark office. Important: Once a trademark is registered, amendments to correct typographical errors are generally not accepted by the Registry. Act early.
Timing Matters: When Should You File?
The stage at which your amendment is filed significantly affects the processing:
An amendment filed before the examination report is issued is generally treated more favourably. If filed after the examination report, the application requires fresh examination. If filed after advertisement in the Trademark Journal, re-advertisement is required. And if the amendment is moved after a third party has opposed the registration, that party must be notified about the amendment.
Practical advice: File your amendment as early in the process as possible. The later you file, the more it disrupts the registration timeline and adds to processing time.
What Amendments Are NOT Allowed?
Understanding the boundaries is just as important as knowing what’s permitted.
The Registrar will not accept amendments that:
- Substantially alter the identity or nature of the trademark
- Expand the specification of goods or services beyond the original application
- Add new classes to an already registered trademark
- Replace the applicant’s name with a different person (i.e., disguise a change of ownership as a name correction)
As per Section 60 of the Trademarks Act, 1999, the Registrar shall not make any amendment to the register that would have the effect of adding goods, classes of goods, or services to those for which the trademark is registered, or of antedating the registration in respect of any goods or services.
If your desired change falls into any of these categories, a fresh trademark application is the correct route.
How to File: Online vs. Offline
The amendment application can be filed by the applicant through the prescribed form with supporting documents, either online through e-Filing on the IP India portal or by manual filing with the prescribed fee.
Online filing through ipindiaonline.gov.in is recommended — it is faster, trackable, and aligned with the Indian government’s digital-first approach for trademark proceedings.
Quick Reference: Fees at a Glance
| Amendment Type | Pending – TM – M | Registered – TM – P |
| Change of Name | Rs. 900/- | Rs. 1800/- |
| Change of Address | Rs. 900/- | Rs. 900/- |
| Change of Legal Counsel | Rs. 900/- | Rs. 900/- |
| Amendment of Specifications | Rs. 900/- | Rs. 900/- |
| Amendment to the Trademark | Rs. 900/- | Rs. 1800/- |
All fees are per mark. E-filing fees may differ from physical filing.
Common Mistakes to Avoid :
- Filing an amendment after registration to fix typographical errors — the Registry generally won’t accept this. Proofread your original application carefully.
- Trying to expand your goods/services through an amendment — not permitted. You’ll need a fresh application in the relevant class.
- Conflating a name change with a change of ownership — these are legally distinct processes. Assignment of trademark requires a different procedure entirely.
- Delaying the amendment — the later you file, the more it disrupts your registration timeline.
Need Help With a Trademark Amendment?
Trademark law in India may look straightforward on paper, but errors in your application — or the wrong approach to amendments — can delay your registration, expose your brand to third-party challenges, or cost you significantly more in fees and legal effort.
At Ofin Legal, we handle trademark registrations, amendments, and IP compliance for businesses across India. We get it right the first time, so you don’t have to fix it later.
Related Services:
Trademark Assignment / Transfer
Trademark Registration in India
Contact Ofin Legal today — our trademark experts are ready to help.
