Chapter VII - Rectification and Correction of the Register
Section 59
Section 59: Alteration without changing mark identity
A proprietor may seek permission to alter a registered mark without substantially changing its identity.
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Need advice on Section 59?
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
(1) 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.
(2) 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.
(3) 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).
Rule and business relevance
The Registrar can refuse or allow the change with terms or limitations. Advertisement and opposition may occur, and the altered mark is advertised if the application was not already advertised as described.
Limits and related provisions
A substantial rebrand should not be assumed to fit this provision. The permitted degree of change and current procedure require review.
Hypothetical business example
Hypothetical example: A proprietor requests a minor visual adjustment that preserves identity. It prepares a comparison and responds to any advertised opposition.
Practical decision flow
Compare the original and proposed marks for identity.
Apply in the prescribed manner and review possible terms.
Follow any advertisement, opposition and final publication steps.
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
- Compare the original and proposed marks for identity.
- Apply in the prescribed manner and review possible terms.
- Follow any advertisement, opposition and final publication steps.
Avoid
- A substantial rebrand should not be assumed to fit this provision. The permitted degree of change and current procedure require review.
Glossary
- Identity-preserving alteration
- An addition or change not substantially affecting the mark’s identity.
- Leave to alter
- The Registrar’s permission, potentially subject to limitations.
Frequently asked questions
Can every rebrand be made through alteration?
No. The statutory identity limit applies.
Can opposition arise?
Yes, where the application is advertised under subsection (2).
Must an allowed alteration be advertised?
The section requires advertisement unless the application was already advertised as stated.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026