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Lakshmi Narayana (IPR Consultant /Trademark Agent )     26 November 2010

I have a doubt regarding Trade Mark application........

Dear Professional Collegues... I have a doubt regarding Trademark Application. If we apply for TM-1 and in that our client mistakenly given us false business descripttion (with it the Class is wrongly mentioned in the Application) if we want to edit the Application can we have to submit new application to registry is it sufficient to submit TM-16 


Please clarify my doubt ................



 13 Replies


Mr.Lakshmi Narayana,

I'd suggest that you withdraw this application which has inaccurate trade descripttion + wrong class, and file a fresh one.  TM-16 will not be of help here.

Lakshmi Narayana (IPR Consultant /Trademark Agent )     03 December 2010

Thank you very much sir,


Can we add or alter the CLASS which we have applied earlier. I have gone through all the provisions of the Act and Rules, but I haven't get any adequate information regarding it. May  be my attention is not grasped the provision ...........Can u alert on it 


Regards ..........
Lakshmi Narayana  

natraj g s (manager)     14 December 2010

hi sir

please solve this case , one person is used home more than 50 years . but he is not owner , tel me talent is owner is or owner is owner is owner

Kaushik Saha (Advocate)     19 December 2010

Dear G S Natraj,

This is not the proper forum to ask solutions for pure Civil maters. Please refer your query to the proper forum. May be in the property law forum or so :)

Kaushik Saha (Advocate)     19 December 2010


I am of the opinion that TM 16 along with a proper cover letter will suffice your cause.

Hiren Upendrabhai Trivedi (Proprietor)     04 January 2011

I think vedaa is right. there is no provision for amendment for class in trademarks rules.

you have to withdraw your application. and file new application in right classifacation of your trademarks.

With regrads

Hiren U. Trivedi

Advocate (     31 March 2011

can we send our application for trademark through post?

shailendra (advocate)     03 April 2011


Not advisable. now a day you can file same via online.

RS Dudani (Director)     03 April 2011

I also fully agree with Vedaa and Hiren.  A new application with proper descripttion and appropriate class has to be filed.  Earlier application be withdrawn.

RS Dudani (     06 April 2011

Indian patent office online application link is not accessable,is there any other way to send the application other than going in person

Rajesh Hazra (Mediator and Legal Counsel )     23 January 2013

What I feel is that Form TM 16 is the form you can use for the requisite amendment however you may also resort to withdrawal and filing afresh the TM application as TM 16 may take some time.

subramanian (consultant)     23 January 2013

I agree with vedaa,hiren and dudani.A new application in the correct class has to be filed and the earlier application to be withdrawn.


Abhijeet Kulkarni (BD)     24 January 2013

TM 16 will not be applicable for chnage in class. you have to maek new application.

In case of any query you can visit our website

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