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.



