DIFEERENCE BETWEEN TM-M AND TM-P

In today’s competitive marketplace, a trademark serves as the identity of a brand, a visual and legal representation of its reputation, quality, and trust. Registering a trademark is not merely a procedural step but a strategic move to safeguard intellectual property. However, during the filing process or even after registration, applicants sometimes realize there are inadvertent errors or omissions in their application. Indian trademark law provides mechanisms to rectify or modify such details, ensuring accuracy and fairness without compromising the integrity of the registration system. In this article, we will discuss what TM-M and TM-P are, the differences between them, and which changes are permissible and which are not.

The mechanisms for making changes to trademark applications or registered trademarks are through Forms TM-M and TM-P. These forms allow applicants and registered proprietors to make necessary amendments to their trademark applications or registrations, subject to certain conditions.

If you are unsure which form to use or how to proceed, TMWala can help you identify the right approach and file the necessary forms accurately to avoid unnecessary rejections or delays.

UNDERSTANDING FORMS TM-M AND TM-P

Two of the most versatile forms under the trademark rules are TM-M and TM-P, both of which play crucial roles in correcting or modifying trademark applications.

FORM TM-M – THE MISCELLANEOUS REQUEST FORM

Form TM-M, officially titled “Application/Request for Any Miscellaneous Function in Relation to a Trade Mark Application/Opposition/Rectification under the Trade Marks Act,” is used for a variety of purposes. Applicants can submit this form to:

• Make minor corrections or modifications in a pending trademark application;
• Request the Registrar’s guidance or reasons for a particular decision;
• Seek certified copies or extracts from the register;
• Apply for an extension of time.
• Request a review of a decision; or
• Undertake any miscellaneous actions not specifically covered by other prescribed forms.

Essentially, TM-M is a multipurpose form that allows applicants to address clerical mistakes, seek procedural clarifications, or handle other administrative requirements before registration.

FORM TM-P – THE POST-REGISTRATION CHANGE FORM

Once a trademark is successfully registered, any post-registration modifications must be made using Form TM-P. This form covers a broad range of changes, such as:

• Transfer or assignment of ownership to a new proprietor;
• Alteration of ownership details or partnership composition;
• Modification of the registered trademark’s appearance or particulars;
• Adjustments to the specification of goods and services;
• Conversion of goods or services classification; or
• Termination of an association between related trademarks.

This form ensures that all post-registration modifications are formally recorded, maintaining the accuracy and validity of the trademark register.

RECTIFICATION AND AMENDMENTS BEFORE REGISTRATION

Errors are most likely to occur during the filing stage. Fortunately, the law permits applicants to correct such inaccuracies before the trademark is registered. A pre-registration amendment can be requested through Form TM-M, accompanied by the required fee and supporting documents.

However, it is crucial to understand that only non-substantial modifications that do not alter the fundamental nature of the trademark or its ownership are permitted. For example, correcting typographical errors or updating an address is acceptable, but changing the mark itself or its class of goods and services is not.

PERMISSIBLE PRE-REGISTRATION MODIFICATIONS

• Correction of clerical or data entry errors (e.g., “TechWiz” accidentally entered as “TechWiiz”);
• Updating the applicant’s address or contact information;
• Deleting or restricting goods or services listed in the application;
• Dividing a multi-class application into separate filings, or
• Adjusting the description of goods or services to ensure precision.

These permissible changes do not affect the mark’s identity or its usage. The Registrar reviews each modification request carefully and decides whether the alteration is minor or material.

NON-PERMISSIBLE CHANGES

Certain changes are deemed substantial and therefore cannot be incorporated into an existing application. These include:

• Altering the word mark, logo, or design;
• Changing the claimed date of first use;
• Switching the trademark category (e.g., from a word mark to a device mark);
• Modifying the class under which the mark was filed; or
• Significantly revising the mark’s trade description.

In such cases, a new trademark application must be filed, as allowing these modifications would alter the essence of the mark, potentially affecting third-party rights and public notice.

REGISTRAR’S ROLE

PRE-REGISTRATION MODIFICATIONS

The Registrar of Trademarks holds the discretion to determine whether a proposed amendment is permissible. If the registry identifies errors in a filed application, it may mark the application as “Formalities Check Fail.” The applicant is then notified of the deficiencies and allowed to correct and resubmit the application. This step ensures transparency while preventing fraudulent or misleading alterations.

POST-REGISTRATION MODIFICATIONS

After a trademark is registered, changes are governed by a distinct legal framework. Any modification to a registered trademark or its ownership details must be made through Form TM-P. These post-registration amendments typically involve administrative updates rather than design or substantive modifications.

PROCEDURE FOR FILING A MODIFICATION

Whether pre- or post-registration, the process for requesting a modification is fairly systematic:

The process starts by visiting the trademark portal:

1. Choose the Form: Choose the correct form (TM-M or TM-P) based on the nature and stage of the modification.
2. Fill the information: Fill in all the information asked in Form TM-M or TM-P.
3. E-signature: Provide the E-signature and complete the form.
4. Pay the Prescribed Fee: Fees vary depending on the modification type and mode of filing (online or physical).
5. Submit to the Registry: Applications can be filed online via the official IP India portal or physically at the relevant office.
6. Decision and Record Update: Once satisfied, the Registrar records the amendment in the official register and issues an acknowledgment.

CONCLUSION

Understanding the difference between Form TM-M and Form TM-P is essential for anyone involved in the trademark process. While Form TM-M is used for making corrections or miscellaneous requests before registration, Form TM-P is exclusively meant for post-registration changes to ensure the trademark record remains accurate and updated. Using the correct form at the right stage not only ensures procedural compliance but also helps maintain the integrity of the trademark register. By following the prescribed procedures and respecting the limits of permissible modifications, applicants and proprietors can safeguard their brand identity, avoid legal complications, and uphold the credibility of their intellectual property.

With expert guidance from TMWala, applicants and proprietors can file these forms accurately, manage trademark modifications efficiently, and safeguard their brand identity with complete legal assurance.

FAQs

1. What is Form TM-M?

It’s a Form used for corrections or miscellaneous requests before trademark registration.

2. What is Form TM-P?

It’s a Form used for making post-registration changes to a registered trademark.

3. Can I change my logo or word mark using these forms?

No, major changes like logos or names need a new trademark application.

4. When should I use TM-M?

Use TM-M for minor errors, address updates, or extension requests.

5. How can TMWala help?

TMWala guides you in choosing the right form and filing it correctly.