IPR Services

TM Modification

Trademark modification means amending a trademark application or correcting and updating a registered mark’s records. Before registration, errors and amendments are requested on Form TM-M under Rule 37 of the Trade Marks Rules, 2017. After registration, changes to the proprietor’s name, address or description are recorded on Form TM-P under Section 58, and alteration of the mark itself is limited under Section 59 and requires advertisement.

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Service Overview

What is TM Modification?

Modification (amendment) of a trademark covers three things: correction of clerical errors or amendment of a pending application under Rule 37 using Form TM-M; correction of the register or recording changes in the registered proprietor’s name, address or description under Section 58 using Form TM-P; and alteration of a registered mark under Section 59, which does not allow a change that substantially alters the identity of the mark.

Changing the mark itself, for example modifying a logo, is not a Section 58 correction. A significantly new logo would normally require a fresh application. Pre-registration amendments can include changes to applicant details, agent details, clerical errors and restrictions of goods or services. Post-registration changes can be requested only by the registered proprietor or a claimed subsequent proprietor.

TM Modification

Who Needs This Service

Applicants who made errors in their application, companies that changed their name or converted their business, proprietors who moved to new premises or businesses restructured after a merger need this service.

Brand owners who have changed their legal entity, for example from a proprietorship to a company, should consider whether they need assignment rather than just modification.

Updating the register promptly avoids problems with renewal, enforcement and assignment, because the Registry sends notices to the address on record.

If you are unsure whether a change is a correction or requires a new application, a short review can clarify the correct route.

Key Benefits

  • Correct form (TM-M or TM-P) selected for your change
  • Supporting documents prepared properly
  • Register updated with your current legal details
  • Reduced risk of missed notices
  • Clarity on when a new application is needed

Next Steps & Related Services

After the register is updated, update your records and renewals.

Related services: Trademark Assignment/Transfer, Trademark Renewal, TM Application Filing and Company Name Change.

Common Mistakes

  • Using modification to change the identity of the mark.
  • Forgetting to update the address after a move.
  • Not providing certified proof for name changes.
  • Using outdated form numbers.
  • Delaying updates until renewal.

Timeline, Costs & Practical Tips

Processing time depends on the Registry. Fees quoted include about Rs 900 for address change and Rs 1,800 for name change, but confirm in the official schedule.

Practical tip: update the register as soon as the legal change happens.

Additional Information

Sections 58 and 59 of the Trade Marks Act, 1999 provide for correction of the register and alteration of registered marks, and Rule 37 of the Rules provides for amendments to applications. The system ensures that the register stays accurate while preventing substantial changes to a mark's identity.

Practical Scenarios

Scenario 1:

A company changes its name after a restructure and records the change on its trademarks.

Scenario 2:

An applicant corrects a clerical error in a pending application.

Scenario 3:

A proprietor moves premises and updates the address for service.

Written By

Raghav Sharma, Operations Executive

Raghav Sharma

Operations Executive

10+ Years Experience

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Raghav Sharma has 10+ years of experience covering Company Registration - Operation, MCA Services - Operation, Corporate Operation, Import Export Services - Operation, Goverment Licence Services - Operation, FSSAI - Operation, SEBI - Operation, Labour Compliance - Operation, Fund Raising - Operation, Licence & Certificate - Operations.

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Frequently asked questions

Need clarity?

Which form corrects a pending application?

Form TM-M under Rule 37.

Which form records a change of name or address after registration?

Form TM-P under Section 58.

Can I change my logo through modification?

Not if it substantially alters the mark; section 59 has limits and a new application may be needed.

What documents are needed for a name change?

A certified copy of the document showing the change, such as a fresh Certificate of Incorporation.

Showing 4 of 4 questions.

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