Section 22 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.
Section 22 gives the Registrar the power to permit an applicant to correct an error in a trade mark application, or to amend it, on terms he thinks just. If you are about to file, a trademark registration service helps get the application right the first time. It can be used before or after acceptance. A proviso deals with one special kind of amendment: dividing a single multi-class application into separate applications.
The Registrar may, on such terms as he thinks just, at any time, before or after acceptance, permit correction of any error in or in connection with the application, or an amendment of it. If the amendment divides a single application (filed under section 18(2) for goods or services in several classes) into two or more, the date of the initial application is deemed to be the date of each divided application.
The main part of the section
"The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under Section 18, permit the correction of any error in or in connection with the application or permit an amendment of the application."
| Phrase | What it means |
|---|---|
| "may" | The power is discretionary; an applicant has no right to an amendment |
| "on such terms as he thinks just" | The Registrar can attach terms |
| "at any time" | The section sets no cut-off date |
| "whether before or after acceptance" | Both stages are covered |
| "correction of any error in or in connection with the application" | Covers mistakes in the application and in matters connected with it |
| "amendment of the application" | A wider power than correction of an error |
The text does not list which items may be amended and does not say what an amendment may not do. It does not state a fee, a form or a procedure for asking. These are matters for the Trade Marks Rules, 2017. If you need to correct or amend an application, check the Rules on the form and manner.
Why timing matters
Section 22 is open-ended in time, but the application moves through stages in sections 18 to 23. A correction or amendment after the application has been advertised raises a question that section 20(2) answers: the Registrar may, in his discretion, advertise it again or, instead, notify the correction or amendment in the prescribed manner. See section 20. The opposition period in section 21(1) runs from the advertisement or re-advertisement, so the Registrar's choice matters to anyone watching the application. See section 21.
A note on scope: section 22 covers the application. A notice of opposition or a counter statement is corrected under section 21(7), a separate provision, and the register or a certificate of registration is corrected under section 23(4) for a clerical error or an obvious mistake.
The proviso: dividing a single application
The proviso reads: "if an amendment is made to a single application referred to in sub-section (2) of Section 18 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided."
Section 18(2) permits a single application for registration of a trade mark for different classes of goods and services. If an amendment divides such an application into two or more applications, each of the divided applications carries the date of the initial application. The applicant does not lose the original filing date by dividing.
Example. Veda Wellness files one application for the mark "VEDA ROOTS" in Class 3 (cosmetics) and Class 5 (supplements). The examiner objects only to Class 5. Veda Wellness asks to divide the application so that Class 3 can proceed. If the Registrar permits the amendment, both divided applications are deemed to bear the date on which the original application was made.
This matters because the date of making the application is the date from which an accepted mark is registered under section 23(1): a mark "when registered shall be registered as of the date of the making of the said application". Protecting the date protects the priority that rests on it.
Reading section 22 with sections 18 to 23
| Section | Role |
|---|---|
| 18 | Application; single application for several classes under 18(2) |
| 19 | Withdrawal of acceptance before registration |
| 20 | Advertisement, re-advertisement or notification of correction or amendment |
| 21 | Opposition; 21(7) corrections to opposition papers |
| 22 | Correction or amendment of the application itself |
| 23 | Registration as of the date of the application; 23(4) clerical errors in register or certificate |
What the text leaves open
- No list of amendable items. The section does not say whether the mark, the goods or the applicant's details can be changed. A mark substituted by an entirely different mark is a matter you should raise with the Registry and check against the Rules.
- No fee or form. Not stated in the Act.
- No outer time limit. "At any time", but always at the Registrar's discretion and on terms.
- No right to a hearing stated. Where the Registrar refuses, the hearing provisions of the Act and Rules apply; this section does not itself say.
Practical points
- Correct errors early. The section allows correction "at any time", but an early correction avoids a re-advertisement question later.
- Know the effect on advertisement. If your application has been advertised, ask whether the Registrar will re-advertise or notify. It affects third-party opposition.
- Use division to save the good classes. If one class is objected to, division lets the others proceed while the original date is preserved.
- Keep records. Note the date and terms on which any amendment was allowed.
- Do not confuse corrections. Opposition papers, the application and the register each have a different correction provision.
Need help with a trade mark application?
If your application has an error, or you want to divide a multi-class filing to save part of it, the request has to be framed carefully. Our trademark registration team prepares the request and follows the application through examination and publication.
Key takeaways
- The Registrar may permit correction of an error in, or an amendment of, an application, on terms he thinks just.
- It can be done at any time, before or after acceptance.
- If an amendment divides a single multi-class application, each divided application takes the date of the initial application.
- After advertisement, the Registrar may re-advertise or notify the change under section 20(2).
- The Act states no fee or form here; the Trade Marks Rules, 2017 prescribe them.
Read next
- Section 18: application for registration
- Section 20: advertisement of application
- Sections 23-24: registration and jointly owned trade marks
- Trademark examination report: how to respond to objections
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.