Form TM-M: amending a trademark application and other miscellaneous requests

What TM-M is used for

Section 22 of the Act allows the Registrar to permit correction of errors in, or amendment of, an application, either before or after acceptance. TM-M is the form used for such requests, as well as for a range of procedural requests listed in the First Schedule.

Amendments cannot substantially change the mark itself. Small corrections, such as a typing error in the applicant's name, an address change or narrowing the goods description, are usually allowed. Changing the mark's essential appearance or broadening the specification is not.

TM-M also covers requests such as certified copies for court use, inspection of the file, and division of an application into separate applications, which can let uncontested goods proceed while a dispute continues on the rest.

Official fees

Choose the correct request category on the portal, as the fee is linked to it. An underpaid request can be treated as incomplete, which wastes time on a pending application.

Amendment before and after registration

TM-M covers changes to a pending application. Once the mark is registered, changes to entries in the register, such as the proprietor's address or name, are generally filed using Form TM-P, and assignment is recorded through the appropriate post-registration request. If an amendment is requested after the mark has been advertised, the Registrar may require re-advertisement if the change is material, which reopens the window for opposition.

Using TM-M to respond to objections

Narrowing the specification through TM-M can resolve an examination objection based on a similar earlier mark. For example, limiting the goods to a specific product type may remove the overlap. TM-M is also used to request an extension of time to file a reply or evidence where the Rules allow it. Discuss such amendments with the hearing officer's concerns in mind, as a well-targeted amendment can avoid a lengthy hearing.

Documents needed

Keep the request specific. Vague requests are often returned with a query, which delays the main application. State the exact text to be replaced and the replacement text, and attach the evidence that supports it.

• Application or registration number
• Statement of the amendment sought and the reason
• Supporting evidence, such as a certificate of incorporation for a name change
• Power of attorney if filed through an agent
• Revised specification of goods or services, if narrowing the description

Common mistakes

Common mistakes include trying to change the mark substantively through TM-M, using TM-M for post-registration changes that need TM-P, picking the wrong fee category, and filing an amendment late in opposition proceedings without considering its effect. Narrowing the specification can be a useful way to overcome an objection or settle an opposition, but it cannot be broadened later.

Step by step

1. 1Identify the change

   Decide exactly what needs correction or which request is required.

2. 2Check the right form

   Confirm TM-M applies, or whether TM-P or another form is needed.

3. 3Prepare supporting proof

   Collect documents that justify the amendment.

4. 4File TM-M online

   Select the request type and pay the matching fee.

5. 5Respond to queries

   Answer any Registry query and track the updated record.