Trademark Application Amendment Request (TM-M) Draft

Applications and amendments

Set out a precise, permissible amendment to a pending application, such as narrowing the goods or services, with the exact wording before and after.

Legal references checked: 14 October 2026

What can and cannot be amended

Under Section 22, the Registrar may permit the correction of an error in an application, or an amendment of it, before or after acceptance and on such terms as the Registrar thinks just. Rule 37 requires the request to be made on Form TM-M with the prescribed fee, before registration. It does not permit an amendment that substantially alters the mark or substitutes goods or services not included in the application as filed. A typical amendment narrows the specification, by deleting items or adding a clear limitation, often to answer a citation, an opposition or a settlement. If the application has already been advertised, the Registrar may re-advertise it or notify the amendment in the Journal.

Filing period and procedure

File Form TM-M with the prescribed fee at any time before registration (Rule 37). No separate fixed period applies, but an amendment that answers an examination report should be filed with the reply, within the Rule 33(4) period of one month from receipt of the report. After advertisement, Section 20(2) and Rule 40 let the Registrar re-advertise the application or notify the change.

Before you prepare the draft

Facts to confirm

Application number, class, filing date and current status
Exact current specification and the exact amended wording
Reason for the amendment: citation, opposition, settlement or business scope
That every amended item is covered by the specification as filed
Whether the application has been advertised or opposed

Evidence to keep ready

Application as filed and its current official status
Examination report, cited mark details or opposition record that the amendment answers
Any settlement or co-existence terms that require the amendment
Authorisation of the agent or advocate filing the request
For a use-claim correction, a Rule 25(2) affidavit with supporting documents

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

To the Registrar of Trade Marks
[Trade Marks Registry office]
Application No. [number], Class [class]
Mark: [mark]
Applicant: [legal name and address for service]
Request under Section 22 and Rule 37 for amendment of the application (Form TM-M)

1. The applicant filed Application No. [number] on [date] to register [mark] in Class [class]. Its current status is [under examination/objected/accepted/advertised in Trade Marks Journal (number) dated (date)/opposed in Opposition No. (number)]. The application has not proceeded to registration.

2. The specification currently reads: "[exact current wording]".

3. The applicant requests that the specification be amended to read: "[exact amended wording]". The amendment [deletes (items)/limits (items) to (limitation)/does both]. Every item in the amended specification is covered by the specification as filed. No new goods or services are added, and the mark is not changed.

4. The reason for the amendment is [for example: to remove the goods that overlap with (cited mark and number) raised in the examination report dated (date); to give effect to the terms agreed with (party) on (date) in Opposition No. (number); the applicant does not intend to use the mark for (items)]. [OPTIONAL—omit unless applicable:] This request is filed together with the reply to the examination report dated [date] and should be read with paragraph [number] of that reply.

5. [OPTIONAL—omit unless applicable:] Correction of error: The application shows [particular] as "[current text]", which should read "[correct text]". The error arose because [explanation], and the correct particulars appear in [document], annexed as Annexure [A]. The correction does not change the identity of the applicant or the mark.

6. [OPTIONAL—omit unless supported:] Use claim: The application states [current use claim]. The applicant requests that it read [corrected claim], for the reasons stated in the affidavit and supporting documents annexed as Annexure [B], filed in accordance with Rule 25(2).

7. The applicant requests that the Registrar permit the amendments stated above under Section 22 and Rule 37, on such terms as the Registrar thinks just, and, if the application has been advertised, deal with notification or re-advertisement under Section 20(2) and Rule 40.

[Name, capacity, agent or advocate registration number if applicable, signature and date]

Check before filing

Rule 37 does not allow an amendment that substantially alters the mark or substitutes goods or services not in the application as filed, so the request cannot broaden the specification or swap items. Use clear limitations, such as 'excluding [named goods]' or 'all for use in [field]', rather than vague words like 'premium' or 'similar'. Plan carefully before deleting items: do not assume they can be restored later, as they may need a fresh application.

This framework is for pending applications only. After registration, a registered proprietor applies under Section 58(1)(d) to strike out goods or services. Dividing an application is a separate request under the proviso to Section 22 and Rule 108, and a change of ownership should not be presented as a correction of error. A changed use claim must be supported by an affidavit and supporting documents under Rule 25(2), and the Registrar may question it. If the application has been advertised, Section 20(2) and Rule 40 allow the Registrar to advertise it again rather than only notify the change.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Section 22 (correction and amendment), including its proviso on division
Trade Marks Act, 1999: Section 20(2) (re-advertisement or notification after amendment)
Trade Marks Act, 1999: Section 58(1)(d) (striking out goods or services after registration)
Trade Marks Rules, 2017: Rule 37 (Form TM-M; limits on amendment)
Trade Marks Rules, 2017: Rules 25(2), 33(4), 40 and 108 (use affidavit, reply period, notification and division)

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Request to amend a trademark application (e.g. narrowing goods or services)