Sections 59-60 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.
Brands change. Sections 59 and 60 deal with two kinds of change to a registration. Section 59 lets the registered proprietor ask leave to add to or alter the mark, but only in a way that does not substantially affect its identity. Section 60 limits how entries in the register may be amended when the classification of goods or services changes.
Under section 59, the registered proprietor may apply to the Registrar for leave to add to or alter the mark in any manner not substantially affecting its identity. The Registrar may refuse, or grant on terms and limitations. He may advertise the application if expedient, and anyone may oppose. If leave is granted, the altered mark is advertised unless already advertised. Under section 60, the Registrar shall not amend the register so as to add goods, classes or services or to antedate a registration, unless a limited proviso applies; a proposed amendment is notified, advertised and open to opposition (60(2)).
Section 59: altering a registered mark
Sub-section (1): the application and the limit
"The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit."
| Element | What the text says |
|---|---|
| Who | The registered proprietor |
| What | Leave to add to or alter the trade mark |
| Limit | In any manner not substantially affecting the identity of the mark |
| Registrar's choice | Refuse, or grant on such terms and limitations as he thinks fit |
The test is identity. A modest redraw of a logo, an added device element, or a tidied font may stay within the limit. A change that turns the mark into a different mark does not. The section gives no list of examples; the question is one of degree for the Registrar. If the new version is a different mark in substance, the usual route is a fresh application under Section 18, with a new search and examination.
A proprietor planning a rebrand should decide at the start whether it is an alteration within section 59 or a new mark. Our trademark rectification and removal team can compare the old and new versions and tell you which route fits.
Sub-section (2): advertisement and opposition
"The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so required, decide the matter."
So advertisement is discretionary ("may", "where it appears to him expedient"). If he does advertise, any person can oppose within the prescribed time, and the Registrar decides after hearing the parties if required.
Sub-section (3): advertising the altered mark
"Where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2)." The altered mark is therefore always placed before the public once, either before the decision (sub-section (2)) or after leave is granted.
Procedure under the Rules
The Trade Marks Rules, 2017 as notified say, in rule 102, that the application is made in writing in Form TM-P with a copy of the mark as it will appear when added to or altered, and that a copy of the application and of the altered mark must be served on every registered user, if any. Rule 103 says the Registrar considers the application and, if expedient, publishes it in the Journal; any person may give notice of opposition in Form TM-O within three months from the advertisement; the registered proprietor then files a counterstatement within two months of receiving the copies, failing which the application is deemed abandoned. If there is no opposition, the Registrar allows or refuses the application after hearing the applicant if he so desires. Under rule 104, if allowed, the Registrar alters the mark in the register and publishes a notification in the Journal with the altered mark. The fee is in the First Schedule; no amount is given here. Check the Rules as currently amended.
Example. Narayan Tea Co. holds a registered logo with a leaf device and the word "Hari". It wants to refresh the logo by simplifying the leaf, keeping the word and the layout. It applies under section 59 with a copy of the refreshed logo and serves its registered user. If the Registrar is satisfied that the identity is not substantially affected, he may grant leave, with terms. If the new logo drops the word and adopts a new device, that is likely a different mark and a fresh application under section 18 is the safer course.
Section 60: adapting entries to a changed classification
What the section stops
"The Registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods or services to those in respect of which a trade mark is registered (whether in one or more classes) immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods or services."
Two things are barred:
- Adding goods, classes of goods or services to those for which the mark is registered immediately before the amendment.
- Antedating the registration of a mark for any goods or services.
The heading speaks of adaptation of entries to an amended or substituted classification. The point is that when the classification system changes and entries are re-cast, no one gains broader protection or an earlier date through the exercise. Classification itself is dealt with in Sections 7-8.
The proviso to sub-section (1)
The bar does not apply "when the Registrar is satisfied that compliance therewith would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods or services and would not substantially prejudice the rights of any person." All three limbs must be met: undue complexity, no effect on a substantial quantity of goods or services, and no substantial prejudice to anyone's rights.
How it works under the Rules
Rule 105 says that on an amendment in the Nice Classification, the registered proprietor of a trade mark may apply to the Registrar in Form TM-P to convert the specification of goods and services so as to bring it into conformity with the amended classification. The Registrar may then amend the description of goods and services or the classification in accordance with the Nice Classification. The conversion is a re-description, not an expansion; section 60 is the guard-rail.
Sub-section (2): notice, advertisement and opposition
Section 60 has a second sub-section. "A proposal so to amend the register shall be brought to the notice of the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provision of sub-section (1)."
So a proposed re-classification amendment is not made silently. The affected proprietor must be told, the proposal must be advertised, and any person aggrieved may oppose it before the Registrar on one ground only: that it adds goods, classes or services, or antedates the registration, contrary to sub-section (1).
Practical points
- Test identity before filing. If the change is substantial, file a new application.
- Serve registered users with a copy of the application, as the Rules require.
- Expect advertisement and possible opposition; budget the time.
- Do not use re-classification to widen your cover. Section 60 bars adding goods or antedating.
- Keep an eye on the Rules for the current form and fee.
Need help refreshing a registered mark?
A rebrand can protect or weaken a registration depending on how it is filed. Our trademark rectification and removal team can assess whether your new design is a permitted alteration, prepare the application and handle any opposition.
Key takeaways
- The registered proprietor may apply for leave to add to or alter the mark in a way not substantially affecting its identity.
- The Registrar may refuse, or grant on terms and limitations.
- He may advertise the application; anyone may oppose; the altered mark is advertised if leave is granted.
- Under section 60 the Registrar shall not add goods, classes or services to a registration, or antedate it, unless the proviso is met.
- The proviso needs undue complexity, no effect on a substantial quantity of goods or services, and no substantial prejudice to anyone's rights.
- Under section 60(2) a proposed amendment must be notified to the proprietor and advertised, and may be opposed before the Registrar on the ground that it breaches sub-section (1).
- The Rules name Form TM-P for both section 59 and re-classification.
Read next
- Section 58: correction of the register
- Section 57: cancellation, variation and rectification of the register
- Sections 7-8: classification of goods and services and alphabetical index
- Logo trademark vs word mark: which to register first
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.