Corporate Name Change in Trademark: Forms, Fees & Requirements

Corporate Name Change in Trademark: Forms, Fees & Requirements. When a company undergoes a name change, it is crucial to update the records of its registered or pending trademarks to maintain legal consistency and avoid complications in enforcement or ownership rights. The Indian Trademarks Registry provides a structured procedure for recording a corporate name change concerning trademarks, whether they are pending or already registered. This process requires specific forms, payment of prescribed fees, and submission of supporting documents.
Forms and Fees for Name Change in Trademark Records
The appropriate form and corresponding fee depend on whether the trademark application is pending or the mark is already registered. Below are the relevant details:
1. Pending Trademark
• Form: TM-M (Correction of Clerical Error or for Amendment under Rule 37)
• Purpose: This form allows applicants to amend details in a pending trademark application, including corrections such as the applicant’s name, address, or other clerical errors.
• Official Fee: INR 900 per mark (for online filing)
• Additional Requirements: Supporting documents evidencing the corporate name change must be attached while filing the application.
2. Registered Trademark
• Form: TM-P (Change of Name of Registered Proprietor/User)
• Purpose: This form is used when an applicant needs to update the registered proprietor’s name in the official records due to a corporate name change.
• Official Fee: INR 1800 per mark (for online filing)
• Additional Requirements: Documentary proof of the name change must accompany the application to validate the request.
Documentary Requirements for Name Change Application
To ensure transparency and legal compliance, the Trademarks Registry requires documentary proof of the corporate name change. The required documents differ based on whether the applicant is a domestic or foreign entity.
1. For Applicants Outside India
Foreign entities wishing to record a name change in trademark records must provide:
• A Certified or Notarized Copy of the Trade Register/Company Register.
• This document should explicitly mention the new company name and confirm that the corporate name change has been legally approved.
• The certification or notarization must be done per the legal norms of the respective country.
Since the Indian Trademarks Registry relies on verified proof of the company’s legal status, merely submitting an internal corporate resolution or declaration may not suffice. Instead, the official trade or company register’s updated details must be submitted.
2. For Indian Applicants
Indian companies seeking to update their name in trademark records must provide:
• A Certified Copy of the Name Change Document, demonstrating that the name change has been legally executed.
• A Certificate of Incorporation Pursuant to Change of Name, issued by the Registrar of Companies (ROC) under the Ministry of Corporate Affairs.
• This certificate serves as conclusive evidence that the company has officially changed its name under the Companies Act, 2013.
• Additionally, a copy of the Board Resolution approving the name change may be included for reference, though it is not mandatory.
Step-by-Step Procedure for Name Change Application
1. Gather Required Documents
The applicant should collect all necessary documents, including the updated trade register (for foreign applicants) or the name change certificate (for Indian applicants). These documents should be notarized or certified, as required.
2. Prepare and File the Application

If the name change relates to a pending trademark, Form TM-M should be filed with the Trademarks Registry.

If the name change pertains to a registered trademark, Form TM-P should be used.

The official fee should be paid during the filing process.

3. Review and Approval by Trademarks Registry

The application will be examined by the Registrar to verify whether the necessary documentation supports the requested name change.

If all conditions are met, the Trademarks Registry will update its records accordingly.

4. Issuance of Updated Trademark Certificate

Upon successful approval, the applicant will receive confirmation from the Trademarks Registry regarding the name change.

If the application pertains to a registered trademark, an updated Trademark Registration Certificate will be issued with the new name.

Conclusion
Updating a corporate name in trademark records is an essential compliance measure that ensures the integrity of a company's brand identity. Whether the mark is pending or registered, the Indian Trademarks Registry provides a clear process for making such amendments. By filing the appropriate form (TM-M or TM-P), paying the prescribed fees, and submitting the necessary documentary proof, businesses can efficiently complete the name change process and avoid legal complications related to trademark ownership.

When a company undergoes a name change, it is crucial to update the records of its registered or pending trademarks to maintain legal consistency and avoid complications in enforcement or ownership rights. The Indian Trademarks Registry provides a structured procedure for recording a corporate name change concerning trademarks, whether they are pending or already registered. This process requires specific forms, payment of prescribed fees, and submission of supporting documents.

Forms and Fees for Name Change in Trademark Records

The appropriate form and corresponding fee depend on whether the trademark application is pending or the mark is already registered. Below are the relevant details:

1. Pending Trademark

• Form: TM-M (Correction of Clerical Error or for Amendment under Rule 37)

• Purpose: This form allows applicants to amend details in a pending trademark application, including corrections such as the applicant’s name, address, or other clerical errors.

• Official Fee: INR 900 per mark (for online filing)

• Additional Requirements: Supporting documents evidencing the corporate name change must be attached while filing the application.

2. Registered Trademark

• Form: TM-P (Change of Name of Registered Proprietor/User)

• Purpose: This form is used when an applicant needs to update the registered proprietor’s name in the official records due to a corporate name change.

• Official Fee: INR 1800 per mark (for online filing)

• Additional Requirements: Documentary proof of the name change must accompany the application to validate the request.

Documentary Requirements for Name Change Application

To ensure transparency and legal compliance, the Trademarks Registry requires documentary proof of the corporate name change. The required documents differ based on whether the applicant is a domestic or foreign entity.

1. For Applicants Outside India

Foreign entities wishing to record a name change in trademark records must provide:

• A Certified or Notarized Copy of the Trade Register/Company Register.

• This document should explicitly mention the new company name and confirm that the corporate name change has been legally approved.

• The certification or notarization must be done per the legal norms of the respective country.

Since the Indian Trademarks Registry relies on verified proof of the company’s legal status, merely submitting an internal corporate resolution or declaration may not suffice. Instead, the official trade or company register’s updated details must be submitted.

2. For Indian Applicants

Indian companies seeking to update their name in trademark records must provide:

• A Certified Copy of the Name Change Document, demonstrating that the name change has been legally executed.

• A Certificate of Incorporation Pursuant to Change of Name, issued by the Registrar of Companies (ROC) under the Ministry of Corporate Affairs.

• This certificate serves as conclusive evidence that the company has officially changed its name under the Companies Act, 2013.

• Additionally, a copy of the Board Resolution approving the name change may be included for reference, though it is not mandatory.

Step-by-Step Procedure for Name Change Application

1. Gather Required Documents

The applicant should collect all necessary documents, including the updated trade register (for foreign applicants) or the name change certificate (for Indian applicants). These documents should be notarized or certified, as required.

2. Prepare and File the Application

If the name change relates to a pending trademark, Form TM-M should be filed with the Trademarks Registry.
If the name change pertains to a registered trademark, Form TM-P should be used.
The official fee should be paid during the filing process.

3. Review and Approval by Trademarks Registry

The application will be examined by the Registrar to verify whether the necessary documentation supports the requested name change.
If all conditions are met, the Trademarks Registry will update its records accordingly.

4. Issuance of Updated Trademark Certificate

Upon successful approval, the applicant will receive confirmation from the Trademarks Registry regarding the name change.
If the application pertains to a registered trademark, an updated Trademark Registration Certificate will be issued with the new name.

Conclusion

Updating a corporate name in trademark records is an essential compliance measure that ensures the integrity of a company's brand identity. Whether the mark is pending or registered, the Indian Trademarks Registry provides a clear process for making such amendments. By filing the appropriate form (TM-M or TM-P), paying the prescribed fees, and submitting the necessary documentary proof, businesses can efficiently complete the name change process and avoid legal complications related to trademark ownership.