How to Change Applicant's Name in a Trademark Application?

How to Change Applicant's Name in a Trademark Application?. Getting a trademark registration for your brand in this competitive regime is a major step you take to protect your intellectual property rights. The trademark examination process can be exhaustive and time-consuming if done correctly and with the utmost precaution. But there might arise a situation where you need to alter your name in the trademark application either due to some clerical error or maybe if you plan to expand your business and decide to assign your trademark to someone else. W-wait! Is it possible though?
Both the Trade Marks Act, 1999, and Trade Marks Rules, 2015 provide the trademark owners and third parties with certain rights and opportunities to file for corrections and amendments, rectifications, and cancellations concerning their trademark applications before and after the registration of their trademark.
The application for any correction or change in the applicant’s name can be filed by the applicant through the relevant trademark forms along with the prescribed fee. It can be done either through E-filing or manual/physical filing. This article will guide you through the process of changing the applicant's name in a trademark application, both before and after registration. Let us see when and how you can apply for such a correction or change in your application, by the Trade Marks Act and specified Rules.
Change of Applicant’s Name Before the Registration of Trademark
You have filed a trademark application with the Trademark Registry Office. But you just realized you misspelled your name in the application. Your application has been accepted but has not been registered yet, and you want to correct the application. Do you need to file a fresh application for making such a correction? Umm, no. You can apply for any correction or amendment without filing any fresh application. 
The Trade Marks Act provides for the correction and amendment of a trademark application at any time before the registration of a trademark. Hence, if you require any correction of any error in or in connection with your trademark application whether it is before or after acceptance of your application, you can apply for such correction or amendment through Form TM-M along with the prescribed fee, i.e., INR 1000 for physical filing, and INR 900 for E-filing.
What is Form TM-M?
Form TM-M is generally used to make minor alterations such as clerical or typographical errors during the registration process. It is useful as it saves time and money, preventing the applicant from filing an entirely fresh application for minor changes. You can follow these given steps for making any minor alterations in your trademark application: -

Determine the Change to be made Form TM-M is divided into three parts: - A, B, and C. Part B requires you to opt for ‘Purpose of Request.’ You can Request for correction of clerical error or amendment under rule 37.

Prepare application: Apply for such change through Form TM-M (along with supported documents).

Apply: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 1000 for physical filing, and INR 900 for E-filing.

Review of application: The Registrar shall review the application.

Approval/Permit from Registrar: The Registrar if he is satisfied with the terms, thereby permits the correction of any error in or in connection with the application or permits an amendment of the application.

Change of Applicant’s Name After the Registration of Trademark
As we know minor alterations in the trademark application can be made during the registration process, some of the significant changes about change in the name, address, or description of the registered user of a trademark take place after the trademark registration.
Let’s suppose you passed all the stages of trademark registration and got the certificate of registration for your brand. Your business flourished, and now you want to commercialize your intellectual property for brand expansion and revenue generation. This can be done through trademark assignment, or even trademark licensing. You, Mr. X, took the opportunity and assigned your existing trademark to Mr. Y.  But the trademark application still bears your name as trademark proprietor. 
Should you change or update the name, is it even required? Yes! It is important to note that failure to make changes or update accurate information about your trademark registration can result in the cancellation of such registration. So, what is the process of making such a change post-registration?
It is to be noted that the Act provides for the correction of the register. The Registrar may correct any error in the name address, or description of the registered proprietor, or may enter any change in the name, address, or description of the person who is registered as a proprietor of a trademark.
What is Form TM-P?
Form TM-P is used to make requests for substantial post-registration changes concerning the trademarks such as change of name, address, or description of registered proprietors, modification of registered trademarks, et cetera. You can follow these given steps for making any post-registration changes in your existing trademark certification: -

Determine the Change to be made: Form TM-P is divided into three parts: - A, B, and C. Part B requires you to opt for ‘Purpose of Request.’ You can Request for Amendment in proprietary / Registered user details.

Prepare application: Apply for such change through Form TM-P (along with supported documents).

Apply: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 2000 for physical filing; and INR 1800 for E-filing.

Review of application: The Registrar shall review the application and may make any consequential amendment/alteration in the certificate of registration.

Upon approval, the Registrar thereby makes the necessary changes in the register.

Conclusion
Trademark registration is one of the important steps a brand takes while launching its business in the market. It distinguishes them from their competitors and provides certain legal and exclusive rights to use and exploit their distinctive brand name/logo/design. However, applying is not the only step that is involved in this process. The trademark owners need to be vigilant enough, keep their documentation up-to-date, and timely update any relevant changes made to their trademark registration. Form TM-M offers an easy way out to make any minor alterations to the applicant’s name, with a minimal fee of INR 1000 for physical filing, and INR 900 for E-filing. Similarly, Form TM-P can be used to process post-registration adjustments, such as ownership transfers and updates to trademark proprietor information. 
Despite these procedures for making alterations or changes that have been made as user-friendly as possible, with options for both electronic and physical filing, the legal technicalities involved in such processes can be quite complex. Human error/s, incomplete searches, or failure to update important information timely can put your trademark registration in jeopardy, leading to expensive legal disputes or even the loss of trademark rights. Thus, seeking consultation from experts is advisable to make sure you get the maximum protection for your brand. 
You can contact us at info@ccoffice.in or WhatsApp/Call at 9988424211, if you need any assistance with filing for changing the applicant’s name in your trademark application, or have any questions regarding trademark registration, or trademark examination process. 
Frequently Asked Questions

Can I change the name of the trademark proprietor after registration?

Yes, you can change the name, address, or description of the registered proprietor after registration using Form TM-P, as per Section 58 of the Trademarks Act, 1999.

Is it necessary to update the trademark register after assigning my trademark to someone else?

Yes, it is important to update the register with the new proprietor's information to prevent cancellation of your trademark registration.

Do I need to file a new application for correcting a misspelled name in my trademark application?

No, you do not have to file a fresh application. You can use Form TM-M to correct such errors in your existing application.

What is the fee that I will have to pay for the correction of my name?

For correction of the applied misspelled cant’s name, you can make an application through Form TM-M. 
The prescribed fee for Form TM-M is INR 1000 for physical filing and INR 900 for E-filing.

Can I change the logo or design of my trademark after applying?

Minor alterations may be possible using Form TM-M, but significant alterations might require a new application.

How does the Registrar process change to trademark information?

The Registrar reviews the application and, if satisfied, permits the correction or amendment, making necessary changes in the register.

Do I need to send in my original trademark certificate when making changes?

The Registrar requires your original certificate of registration to make any amendment or alteration.

Can Compliance Calendar LLP assist my business in this process?

At Compliance Calendar LLP, our approach is to help startup founders protect their brand name/logo/design and ease the trademark registration process end-to-end for them. For any queries, email us at info@ccoffice.in or WhatsApp/Call 9988424211.

Getting a trademark registration for your brand in this competitive regime is a major step you take to protect your intellectual property rights. The trademark examination process can be exhaustive and time-consuming if done correctly and with the utmost precaution. But there might arise a situation where you need to alter your name in the trademark application either due to some clerical error or maybe if you plan to expand your business and decide to assign your trademark to someone else. W-wait! Is it possible though?

Both the Trade Marks Act, 1999, and Trade Marks Rules, 2015 provide the trademark owners and third parties with certain rights and opportunities to file for corrections and amendments, rectifications, and cancellations concerning their trademark applications before and after the registration of their trademark.

The application for any correction or change in the applicant’s name can be filed by the applicant through the relevant trademark forms along with the prescribed fee. It can be done either through E-filing or manual/physical filing. This article will guide you through the process of changing the applicant's name in a trademark application, both before and after registration. Let us see when and how you can apply for such a correction or change in your application, by the Trade Marks Act and specified Rules.

Change of Applicant’s Name Before the Registration of Trademark

You have filed a trademark application with the Trademark Registry Office. But you just realized you misspelled your name in the application. Your application has been accepted but has not been registered yet, and you want to correct the application. Do you need to file a fresh application for making such a correction? Umm, no. You can apply for any correction or amendment without filing any fresh application.

The Trade Marks Act provides for the correction and amendment of a trademark application at any time before the registration of a trademark. Hence, if you require any correction of any error in or in connection with your trademark application whether it is before or after acceptance of your application, you can apply for such correction or amendment through Form TM-M along with the prescribed fee, i.e., INR 1000 for physical filing, and INR 900 for E-filing.

What is Form TM-M?

Form TM-M is generally used to make minor alterations such as clerical or typographical errors during the registration process. It is useful as it saves time and money, preventing the applicant from filing an entirely fresh application for minor changes. You can follow these given steps for making any minor alterations in your trademark application: -

Determine the Change to be made Form TM-M is divided into three parts: - A, B, and C. Part B requires you to opt for ‘Purpose of Request.’ You can Request for correction of clerical error or amendment under rule 37.
Prepare application: Apply for such change through Form TM-M (along with supported documents).
Apply: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 1000 for physical filing, and INR 900 for E-filing.
Review of application: The Registrar shall review the application.
Approval/Permit from Registrar: The Registrar if he is satisfied with the terms, thereby permits the correction of any error in or in connection with the application or permits an amendment of the application.

Change of Applicant’s Name After the Registration of Trademark

As we know minor alterations in the trademark application can be made during the registration process, some of the significant changes about change in the name, address, or description of the registered user of a trademark take place after the trademark registration.

Let’s suppose you passed all the stages of trademark registration and got the certificate of registration for your brand. Your business flourished, and now you want to commercialize your intellectual property for brand expansion and revenue generation. This can be done through trademark assignment, or even trademark licensing. You, Mr. X, took the opportunity and assigned your existing trademark to Mr. Y. But the trademark application still bears your name as trademark proprietor.

Should you change or update the name, is it even required? Yes! It is important to note that failure to make changes or update accurate information about your trademark registration can result in the cancellation of such registration. So, what is the process of making such a change post-registration?

It is to be noted that the Act provides for the correction of the register. The Registrar may correct any error in the name address, or description of the registered proprietor, or may enter any change in the name, address, or description of the person who is registered as a proprietor of a trademark.

What is Form TM-P?

Form TM-P is used to make requests for substantial post-registration changes concerning the trademarks such as change of name, address, or description of registered proprietors, modification of registered trademarks, et cetera. You can follow these given steps for making any post-registration changes in your existing trademark certification: -

Determine the Change to be made: Form TM-P is divided into three parts: - A, B, and C. Part B requires you to opt for ‘Purpose of Request.’ You can Request for Amendment in proprietary / Registered user details.
Prepare application: Apply for such change through Form TM-P (along with supported documents).
Apply: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 2000 for physical filing; and INR 1800 for E-filing.
Review of application: The Registrar shall review the application and may make any consequential amendment/alteration in the certificate of registration.
Upon approval, the Registrar thereby makes the necessary changes in the register.

Conclusion

Trademark registration is one of the important steps a brand takes while launching its business in the market. It distinguishes them from their competitors and provides certain legal and exclusive rights to use and exploit their distinctive brand name/logo/design. However, applying is not the only step that is involved in this process. The trademark owners need to be vigilant enough, keep their documentation up-to-date, and timely update any relevant changes made to their trademark registration. Form TM-M offers an easy way out to make any minor alterations to the applicant’s name, with a minimal fee of INR 1000 for physical filing, and INR 900 for E-filing. Similarly, Form TM-P can be used to process post-registration adjustments, such as ownership transfers and updates to trademark proprietor information.

Despite these procedures for making alterations or changes that have been made as user-friendly as possible, with options for both electronic and physical filing, the legal technicalities involved in such processes can be quite complex. Human error/s, incomplete searches, or failure to update important information timely can put your trademark registration in jeopardy, leading to expensive legal disputes or even the loss of trademark rights. Thus, seeking consultation from experts is advisable to make sure you get the maximum protection for your brand.

You can contact us at info@ccoffice.in or WhatsApp/Call at 9988424211, if you need any assistance with filing for changing the applicant’s name in your trademark application, or have any questions regarding trademark registration, or trademark examination process.

Frequently Asked Questions

Can I change the name of the trademark proprietor after registration?

Yes, you can change the name, address, or description of the registered proprietor after registration using Form TM-P, as per Section 58 of the Trademarks Act, 1999.