Rules 37 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 37 lets an applicant correct an error in the application or amend it, before or after acceptance but before registration, using Form TM-M and the prescribed fee, so long as the amendment does not substantially alter the mark or bring in a new specification. Rule 38 works the other way: where the Registrar thinks, after acceptance, that the mark was accepted in error or should carry conditions, he must tell the applicant, who has thirty days to amend or ask for a hearing. If you face an objection after acceptance, a trademark objection reply built on rule 38 is the response.
An applicant may apply on Form TM-M with the prescribed fee to correct an error or amend the application before registration, but no amendment may substantially alter the mark or substitute a new specification of goods or services (rule 37). If the Registrar later objects that the mark was accepted in error, he writes to the applicant, who has thirty days to amend or apply for a hearing, failing which acceptance is deemed withdrawn (rule 38).
Rule 37: correction and amendment of the application
"An applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his application or any amendment of his application."
The proviso: "no such amendment shall be permitted which shall have the effect of substantially altering the trademark applied for or substitute a new specification of goods or services not included in the application as filed."
| Element | What the text says |
|---|---|
| Who | The applicant |
| When | Before or after acceptance, but before registration |
| Form | TM-M (item "For correction of clerical error or for amendment under rule 37") |
| Fee | The prescribed fee; as notified in 2017 (check the current Schedule), entry 13 lists "Amendment in trademark application" at Rs 1,000 (physical) or Rs 900 (e-filing) |
| What | Correction of any error "in or in connection with" the application, or any amendment |
| Limit | No substantial alteration of the mark; no new specification not in the application as filed |
The Act's own provision is section 22, which allows correction and amendment of an application, and its proviso about division is picked up in rule 23(3).
What the proviso means in practice
- Typing and details. A wrong address, a wrong class in a pure slip, or a spelling mistake in the applicant's name are errors that fit the main part of the rule.
- Mark. You cannot swap a different logo or a different word. A change that substantially alters the mark is barred. The text does not define "substantially", so the test is one of degree, and each case is judged on its facts.
- Goods. You can narrow the specification, but you cannot add goods or services that were not in the application as filed. Rule 23(6) separately deals with classes found by the Registrar.
- After registration. The window closes at registration. Later changes go through the provisions on alteration and rectification.
Example: Pooja Sweets files "Pooja Swets" by a typing slip. Before registration, it files Form TM-M with the fee to correct the spelling to "Pooja Sweets". This is an error in the application, which rule 37 allows. If it instead tried to replace the word with an entirely new device logo, the proviso would bar it. If it tried to add "motor oil" to a specification of sweets, the proviso would bar that too.
Rule 38: withdrawal of acceptance by the Registrar
The Act's section 19 allows the Registrar to withdraw acceptance after acceptance but before registration. Rule 38 supplies the steps.
| Sub-rule | Text, in summary |
|---|---|
| (1) | If, after acceptance but before registration, the Registrar has an objection to acceptance on the ground that it was accepted in error, or that the mark ought not to have been accepted in the circumstances of the case, or proposes that the mark be registered only subject to conditions, limitations, divisions or different or additional conditions, he shall communicate the objection in writing to the applicant |
| (2) | Unless within thirty days from receipt of the communication the applicant amends his application to comply or applies for a hearing, acceptance is deemed withdrawn, and the application proceeds as if it had not been accepted |
| (3) | If the applicant says in time that he wants to be heard, the Registrar gives notice of a date at least fifteen days after the notice, unless the applicant consents to shorter notice; the applicant may instead say that he does not desire to be heard and submit such submissions as he considers desirable |
| (4) | After hearing, and considering any submissions, the Registrar may pass such orders as he deems fit |
Reading it closely
- Thirty days from receipt. The period in sub-rule (2) runs from "the date of receipt of the communication", not from its date.
- Two choices. Within thirty days the applicant may amend the application to comply, or apply for a hearing. If neither, acceptance is deemed withdrawn automatically.
- Consequence. The application "shall proceed as if it had not been accepted". It is not abandoned; it goes back to the stage before acceptance. The text does not say how it resumes, so refer to rule 33 for the stage of examination.
- Fifteen days' notice. A hearing date is at least fifteen days after the notice, unless the applicant agrees to shorter notice.
- Written route. The applicant may waive the hearing and file submissions.
Example: Aditya Gadgets' application for "Aditya Pulse" is accepted. Before registration, the Registrar writes that the mark ought not to have been accepted because of a similar earlier mark. Aditya has thirty days from receipt. If Aditya applies for a hearing, the Registrar fixes a date at least fifteen days after the notice, hears the applicant and passes orders under sub-rule (4). If Aditya does nothing, acceptance is deemed withdrawn and the application proceeds as if not accepted.
How the two rules connect
Rule 37 is the applicant's tool; rule 38 is the Registrar's. The amendment under rule 38(2), made to comply with the Registrar's requirements, is still limited by the proviso to rule 37, which bars a substantially different mark or a new specification. The text of rule 38 does not repeat the proviso, so read the two together.
Version note
This article follows the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with an amendment or a post-acceptance objection?
The thirty-day window in rule 38 runs from receipt and cannot be stretched by waiting. If you have received an objection after acceptance, our trademark objection reply team can prepare an amendment, a hearing request and the submissions.
Key takeaways
- Apply on Form TM-M with the prescribed fee to correct an error or amend an application before registration.
- No amendment may substantially alter the mark or substitute a new specification.
- If acceptance is questioned, the Registrar writes to the applicant, who has thirty days from receipt to amend or ask for a hearing.
- If the applicant does neither, acceptance is deemed withdrawn and the application proceeds as if not accepted.
- A hearing is at least fifteen days after notice, unless the applicant agrees to less.
Read next
- Rules 35–36: withdrawal of application and decision of the Registrar
- Rule 33: examination, objection to acceptance and hearing
- Rules 39–41: advertisement of application and notification of correction
- Trademark examination report: how to respond to objections
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.