Chapter III - Procedure for and Duration of Registration
Section 22
Section 22: Correction and amendment of applications
The Registrar may permit correction or amendment of a registration application, before or after acceptance, on just terms.
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This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
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:
Provided that 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.
Rule and business relevance
The proviso preserves the initial filing date where amendment divides the single multi-class application described in section 18(2) into two or more applications.
Limits and related provisions
Permission is discretionary and subject to terms. Do not assume any desired change is automatically allowed or treat the division-date rule as a right to expand the original filing without limits.
Hypothetical business example
Hypothetical example: An applicant identifies an application error and requests correction; a separate request divides an eligible multi-class filing while preserving its original filing date under the proviso.
Practical decision flow
Identify the error or proposed amendment precisely.
Check the application stage and applicable prescribed procedure.
If dividing, document the original application and the divided applications.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the error or proposed amendment precisely.
- Check the application stage and applicable prescribed procedure.
- If dividing, document the original application and the divided applications.
Avoid
- Permission is discretionary and subject to terms. Do not assume any desired change is automatically allowed or treat the division-date rule as a right to expand the original filing without limits.
Glossary
- Amendment
- A permitted change to the application.
- Divided application
- An application resulting from the division covered by the proviso.
Frequently asked questions
Can amendment be permitted after acceptance?
Yes. The section expressly covers before or after acceptance.
Is permission automatic?
No. The Registrar may permit it on terms considered just.
What date applies to the specified division?
The date of the initial application is deemed the date of the divided applications.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026