Difference Between TM-M and TM-P in Trademarks Rules, 2017

Difference Between TM-M and TM-P in Trademarks Rules, 2017. In the Indian trademark system, maintaining and modifying trademark rights involves various procedural filings, each designated by a specific form under the Trade Marks Rules, 2017, framed under the Trade Marks Act, 1999. Among these, Form TM-M and Form TM-P are two of the most frequently used forms during the post-filing and post-registration phases of a trademark’s lifecycle. While both forms serve distinct functions, they are often misunderstood or misused interchangeably. This article provides an in-depth comparison of Form TM-M and Form TM-P, outlining their purposes, legal contexts, applicable scenarios, statutory backing, documentation requirements, and government fees.
Trademarks form TM-M and TM-P 
Trademark forms in India are designed to procedural compliance and legal formalities for applications, modifications, and post-registration changes. Each form corresponds to specific rules and sections under the Trade Marks Act, 1999.
Two such essential forms are:

TM-M: A “Miscellaneous Form” used for various administrative or procedural modifications during or after the trademark application process.

TM-P: A “Post-Registration Form” meant to record changes in ownership or rights concerning a registered trademark.

What is Form TM-M?
 Purpose of TM-M:
TM-M stands for “Miscellaneous,” and, as the name suggests, it serves various non-ownership-related purposes such as amendments in application details, requests for correction of clerical errors, and other procedural tasks.
Common Use Cases:

Correction or change in the name or address of the applicant/proprietor

Amendment in the trademark application (word, logo, or class of goods/services)

Request for conversion of convention application into a national application

Filing amendments related to limitation or disclaimer

Restoration of removed trademarks due to non-renewal (under Section 25)

Filing request for expedited examination

Submission of evidence, Trademark withdrawal application, or reply to show cause

Relevant Legal Provisions:

Section 15: Correction and amendment of application

Section 22: Correction of clerical errors

Section 25: Renewal and restoration

Rule 10 of the Trade Marks Rules, 2017

Documents Typically Required:

Signed request letter

Authorization letter (if filed by an agent)

KYC documents of the applicant

Supporting affidavit (if change in ownership name format needs justification)

What is Form TM-P?
 Purpose of TM-P:
TM-P is the designated form for making post-registration changes to the trademark. It primarily deals with the assignment, transmission, licensing, or cancellation of rights relating to a registered trademark.
Common Use Cases:

Assignment or transmission of a registered trademark

License registration: Granting user rights to another person or entity

Cancellation or modification of a registered user

Change in the details of a registered user

Surrender of trademark in respect of some goods/services

Rectification of the Register under Section 57

Relevant Legal Provisions:

Section 37–45: Assignment and transmission

Section 48: Registered user

Section 50: Cancellation of registration

Section 57: Rectification of the Register

Rule 75 of the Trade Marks Rules, 2017

Documents Typically Required:

Duly executed assignment deed or license agreement

Affidavit in case of voluntary surrender

Consent of the registered proprietor (for licensing)

Power of attorney

KYC documents of assignor and assignee

Comparative Table: TM-M vs TM-P

Feature

Form TM-M

Form TM-P

Full Form

Miscellaneous Form

Post-Registration Form

Used For

Procedural corrections, changes, general modifications

Assignments, licensing, transmission, cancellation

Stage of Use

During or after application, before registration

After registration

Ownership Changes

Not applicable

Primary purpose

Legal Provisions

Sections 15, 22, 25

Sections 37 to 45, 48, 50, 57

Relevant Rule

Rule 10

Rule 75

Examples

Change in name/address, amendment in application

Transfer of ownership, registering licensee

Documents Required

Request letter, KYC, affidavit (if needed)

Assignment deed/license agreement, affidavits, KYC

Effect on Trademark Registry

Changes only application-related details

Updates the trademark register reflecting legal ownership

Conclusion
Both TM-M and TM-P are critical forms within the Indian trademark ecosystem, serving distinct yet essential roles. TM-M is a catch-all form for procedural updates, while TM-P governs legal ownership and rights transitions post-registration. Understanding when and how to use these forms not only ensures legal compliance but also avoids unnecessary delays and objections from the Trademark Registry. Whether you are a trademark holder, legal professional, or business owner, proper use of these forms is key to maintaining the strength and enforceability of your brand in the Indian market. For expert assistance in filing TM-M or TM-P or preparing trademark assignment deeds and affidavits, consider consulting a trademark attorney or professional service provider.

In the Indian trademark system, maintaining and modifying trademark rights involves various procedural filings, each designated by a specific form under the Trade Marks Rules, 2017, framed under the Trade Marks Act, 1999. Among these, Form TM-M and Form TM-P are two of the most frequently used forms during the post-filing and post-registration phases of a trademark’s lifecycle. While both forms serve distinct functions, they are often misunderstood or misused interchangeably. This article provides an in-depth comparison of Form TM-M and Form TM-P, outlining their purposes, legal contexts, applicable scenarios, statutory backing, documentation requirements, and government fees.

Trademarks form TM-M and TM-P

Trademark forms in India are designed to procedural compliance and legal formalities for applications, modifications, and post-registration changes. Each form corresponds to specific rules and sections under the Trade Marks Act, 1999.

Two such essential forms are:

TM-M: A “Miscellaneous Form” used for various administrative or procedural modifications during or after the trademark application process.
TM-P: A “Post-Registration Form” meant to record changes in ownership or rights concerning a registered trademark.

What is Form TM-M?

Purpose of TM-M:

TM-M stands for “Miscellaneous,” and, as the name suggests, it serves various non-ownership-related purposes such as amendments in application details, requests for correction of clerical errors, and other procedural tasks.

Common Use Cases:

Correction or change in the name or address of the applicant/proprietor
Amendment in the trademark application (word, logo, or class of goods/services)
Request for conversion of convention application into a national application
Filing amendments related to limitation or disclaimer
Restoration of removed trademarks due to non-renewal (under Section 25)
Filing request for expedited examination
Submission of evidence, Trademark withdrawal application, or reply to show cause

Relevant Legal Provisions:

Section 15: Correction and amendment of application
Section 22: Correction of clerical errors
Section 25: Renewal and restoration
Rule 10 of the Trade Marks Rules, 2017

Documents Typically Required:

Signed request letter
Authorization letter (if filed by an agent)
KYC documents of the applicant
Supporting affidavit (if change in ownership name format needs justification)

What is Form TM-P?

Purpose of TM-P:

TM-P is the designated form for making post-registration changes to the trademark. It primarily deals with the assignment, transmission, licensing, or cancellation of rights relating to a registered trademark.

Common Use Cases:

Assignment or transmission of a registered trademark
License registration: Granting user rights to another person or entity
Cancellation or modification of a registered user
Change in the details of a registered user
Surrender of trademark in respect of some goods/services
Rectification of the Register under Section 57

Relevant Legal Provisions:

Section 37–45: Assignment and transmission
Section 48: Registered user
Section 50: Cancellation of registration
Section 57: Rectification of the Register
Rule 75 of the Trade Marks Rules, 2017

Documents Typically Required:

Duly executed assignment deed or license agreement
Affidavit in case of voluntary surrender
Consent of the registered proprietor (for licensing)
Power of attorney
KYC documents of assignor and assignee

Comparative Table: TM-M vs TM-P

Feature	Form TM-M	Form TM-P
Full Form	Miscellaneous Form	Post-Registration Form
Used For	Procedural corrections, changes, general modifications	Assignments, licensing, transmission, cancellation
Stage of Use	During or after application, before registration	After registration
Ownership Changes	Not applicable	Primary purpose
Legal Provisions	Sections 15, 22, 25	Sections 37 to 45, 48, 50, 57
Relevant Rule	Rule 10	Rule 75
Examples	Change in name/address, amendment in application	Transfer of ownership, registering licensee
Documents Required	Request letter, KYC, affidavit (if needed)	Assignment deed/license agreement, affidavits, KYC
Effect on Trademark Registry	Changes only application-related details	Updates the trademark register reflecting legal ownership

Conclusion

Both TM-M and TM-P are critical forms within the Indian trademark ecosystem, serving distinct yet essential roles. TM-M is a catch-all form for procedural updates, while TM-P governs legal ownership and rights transitions post-registration. Understanding when and how to use these forms not only ensures legal compliance but also avoids unnecessary delays and objections from the Trademark Registry. Whether you are a trademark holder, legal professional, or business owner, proper use of these forms is key to maintaining the strength and enforceability of your brand in the Indian market. For expert assistance in filing TM-M or TM-P or preparing trademark assignment deeds and affidavits, consider consulting a trademark attorney or professional service provider.