Rules 101 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 101 covers changes to the register entry for a proprietor or registered user: a changed address, an address altered by a public authority, and a correction under section 58(1). Rule 102 covers a different step: asking leave under section 59 to add to or alter the registered mark itself. Both use Form TM-P.
A proprietor or registered user whose address has changed so that the register is wrong shall forthwith request the Registrar in Form TM-P to alter it (rule 101(1)). If a public authority has altered the address but the premises are the same, the request is made with the authority's certificate and no fee is required (rule 101(2)). The other side must be served with a copy (rule 101(3)). A section 58(1) correction application is also in Form TM-P and may need evidence by affidavit (rule 101(6)). To add to or alter a registered mark under section 59, apply in writing in Form TM-P and furnish a copy of the mark as it will appear (rule 102).
The Act behind the rules
Section 58 deals with correction of the register and section 59 with alteration of a registered trademark; see our articles on Section 58 and on Sections 59–60. The Registrar's own-motion rectification is a different procedure, in Rules 99–100.
If your office has moved or your logo has changed, our trademark registration team can tell you whether the change is an address correction under rule 101 or an alteration of the mark under rule 102.
Rule 101(1): change of address
A registered proprietor or registered user whose address has changed "so that the entry in the register is rendered incorrect" must act. The addresses covered are:
- the address of the principal place of business in India;
- the address in the home country, as the case may be; and
- the address for service in India.
The duty is to "forthwith request the Registrar in Form TM-P to make the appropriate alteration of the address in the register". The Registrar "shall alter the register accordingly if he is satisfied in the matter." The word "forthwith" is the rule's own; it does not state a number of days.
Rule 101(2): address altered by a public authority
Where the address of the principal place of business in India or the address for service in India "is altered by a public authority, so that the changed address designates the same premises as entered in the register", the request may be made on Form TM-P and must have with it "a certificate of the alteration given by the said authority".
If the Registrar is satisfied as to the facts, the register is altered and he "shall not require any fees to be paid on the forms, notwithstanding the provisions of sub-rule (2) of rule 10 or sub-rule (2) of rule 11."
An example is a municipal body renaming a street or renumbering a plot. The premises have not changed; only the postal description has.
Rule 101(3) to (5): service and signature
| Sub-rule | Requirement |
|---|---|
| (3)(i) | A proprietor making a request under (1) or (2) serves a copy on the registered user or users, if any, and informs the Registrar |
| (3)(ii) | A registered user making the request serves a copy on the proprietor and every other registered user, if any, and informs the Registrar that this was done |
| (4) | Where one person's address is the address for service of more than one registered proprietor or user, the Registrar may, on proof that it is the applicant's address and if satisfied it is just, accept one Form TM-P for the appropriate alteration of the entries in the several registrations, with particulars of each registration given in the form |
| (5) | All Form TM-P applications under this rule are signed by the registered proprietor or registered user, or by an authorised agent |
Sub-rule (4) is useful for agents who act as address for service for many marks: one form can update several registrations if the Registrar is satisfied.
Rule 101(6): correction under section 58(1)
"Where an application has been made under sub-section (1) of section 58 for the alteration of the register by correction, change, cancellation or striking out of goods or services or for the entry of a memorandum, the Registrar may require the applicant to furnish such evidence by affidavit or otherwise as the Registrar may think fit, as to the circumstances in which the application is made."
Further: "Such application shall be made in Form TM-P and a copy thereof shall be served by the applicant on the registered user or users, if any, under the registration of the trademark in question and to any other person who appears from the register to have an interest in the trademark."
So a section 58(1) application is also in Form TM-P, with service on registered users and persons shown in the register as interested. The rule does not state a time limit or a fee here; check the First Schedule.
Rule 102: alteration of a registered trademark
"Where a person applies under section 59 for leave to add to or alter his registered trademark, he shall make the application in writing in Form TM-P and shall furnish copy of the trademark as it will appear when so added to or altered. A copy of the application and of the trademark so amended or altered shall be served by the applicant on every registered user, if any."
| Item | Text |
|---|---|
| Who | A person applying under section 59 |
| Form | Writing, in Form TM-P |
| What goes with it | A copy of the trademark "as it will appear when so added to or altered" |
| Service | Copy of application and altered mark served on every registered user, if any |
The rule does not say what kinds of alteration the Registrar will allow; that is for section 59, which is explained in our Sections 59–60 article. The rule also does not state a time limit for the application. What follows after filing (the Registrar's consideration, advertisement, opposition and decision) is in rules 103 and 104, covered in a separate article of this series.
An invented example: Sunberry Juices has registered the logo SUNBERRY with a small sun device. It wishes to remove the device and keep the word. It applies under section 59 in Form TM-P with a copy of the altered mark and serves its registered user, Cove Distribution, with both. If it had only moved its office, rule 101, not rule 102, would apply.
Another example for rule 101: Cove Distribution moves its principal place of business from one State to another. It must "forthwith" file Form TM-P and serve the proprietor and any other registered user.
Rules 101 and 102 compared
| Question | Rule 101 | Rule 102 |
|---|---|---|
| What changes | Address entry, or correction under section 58(1) | The registered mark itself |
| Form | TM-P | TM-P, in writing |
| Who is served | Registered users (and the proprietor, if the user applies); for s.58(1), persons shown in the register as interested | Every registered user, if any |
| Fee | Not required where a public authority altered the address for the same premises (101(2)) | Not stated in the rule |
| Time | "Forthwith" for address change | Not stated |
Need help with a register change?
A wrong address on the register can mean missed notices and lost rights, while an altered logo needs leave first. TaxClue's trademark registration practice can sort the right route, file Form TM-P and serve the required copies.
Key takeaways
- A changed address that makes the register wrong must be notified forthwith in Form TM-P (rule 101(1)).
- Where a public authority changes the address of the same premises, send its certificate with the request; no fees are required (rule 101(2)).
- Serve copies on registered users or the proprietor as rule 101(3) requires, and sign the form as rule 101(5) requires.
- A section 58(1) correction application is made in Form TM-P, and the Registrar may ask for evidence by affidavit (rule 101(6)).
- To add to or alter a registered mark under section 59, apply in Form TM-P with a copy of the mark as altered, and serve every registered user (rule 102).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 103–105: Advertisement before decision, decision and re-classification
- Rules 99–100: Intervention by third parties and rectification by the Registrar of own motion
- Trademark Portfolio Strategy for Businesses
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.