Chapter VII - Rectification and Correction of the Register
Section 60
Section 60: Adapting entries to classification changes
Adapting the register to a changed classification ordinarily cannot add goods or services or backdate their registration.
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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
(1) 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:
Provided that this sub-section, shall 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.
(2) 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 provisions of sub-section (1).
Rule and business relevance
A narrow proviso permits departure where compliance would cause undue complexity and the addition or backdating affects no substantial quantity and does not substantially prejudice anyone’s rights. A proposal must be notified and advertised, with opposition available to an aggrieved person on the stated ground.
Limits and related provisions
Do not use reclassification as a general way to enlarge an old registration. All conditions of the limited proviso require the Registrar’s satisfaction.
Hypothetical business example
Hypothetical example: A classification revision moves items into another class. The proprietor checks that adaptation does not improperly expand the original protection.
Practical decision flow
Compare the existing scope with the proposed adaptation.
Assess any addition, backdating and claimed proviso conditions.
Review the notice and advertisement and consider any ground-specific opposition.
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 existing scope with the proposed adaptation.
- Assess any addition, backdating and claimed proviso conditions.
- Review the notice and advertisement and consider any ground-specific opposition.
Avoid
- Do not use reclassification as a general way to enlarge an old registration. All conditions of the limited proviso require the Registrar’s satisfaction.
Glossary
- Antedating
- Giving registration an earlier date for the relevant goods or services.
- Classification adaptation
- Adjustment of entries following amended or substituted classification.
Frequently asked questions
Can adaptation normally add new goods?
The opening rule prohibits the described addition.
Is there any exception?
Yes, the tightly conditioned undue-complexity proviso.
May an aggrieved person oppose?
Yes, on the ground that the proposed amendment contravenes subsection (1).
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026