After filing a trademark application, you discover an error or want to adjust something. What can you change — and what is forbidden? Under Article 115(1)(a) of the IP Law (Consolidated Document 67/VBHN-VPQH, in force since 1 April 2026) and Article 83 of Circular 10/2026/TT-BKHCN, amendments are allowed within clear boundaries. Cross the line — expanding the scope or changing the nature of the application — and the penalty is refusal of the title (Article 117(1)(d)). This article maps exactly what is permitted, the two red lines, and the consequences you should know before amending.
Contents
- 1. The right to amend — and when it ends
- 2. What may be amended
- 3. The two red lines: no scope expansion, no change of nature
- 4. How to file an amendment: Form 10 vs response letter
- 5. Fees for amendment requests
- 6. Consequences to know before amending
- 7. After grant: amending the title is a different matter
- 8. Frequently asked questions
The right to amend — and when it ends
Article 115(1)(a) of the Law provides that before the IP Office issues a decision to grant or a decision to refuse a trademark registration certificate, the applicant may amend or supplement the application. The requester must pay fees and charges — Article 115(2). Once a grant or refusal decision exists, the amendment right ends.
What may be amended
Under Article 83 of the Circular, the following amendments are routinely permitted:
- Applicant’s name, address, or country code — with confirming documents (original or certified: renaming decision, enterprise registration certificate recording the change, etc.); the IP Office must first exploit available databases before requesting supplements;
- Change of IP representative — with a written statement terminating the authorisation of the former representative (under Article 8 of the Circular);
- Narrowing the goods/services list — submitting the amended list with a detailed explanatory note comparing it with the original documents (narrowing is not prohibited; the partial-grant mechanism exists in Article 83(5)(c) and Article 73(3)(d));
- Refining the mark specimen without changing its nature — submitting the amended specimen (5 specimens for paper filings); where elements in the specimen are claimed as not separately protected, state this clearly in the amendment declaration;
- Correcting formal deficiencies following the Office’s examination notices.
The two red lines: no scope expansion, no change of nature
Article 115(3) of the Law sets three cumulative conditions for any amendment: it must not (i) expand the scope of the subject matter disclosed or stated in the application, (ii) change the nature of the subject matter claimed in the application, and must (iii) ensure the unity of the application.
In practice:
- Adding new goods/services classes = scope expansion = prohibited. This is a strong text-based inference from Article 115(3): if your business has expanded into new product lines, the correct route is to file a new application, not to add them to the existing one.
- Changing the nature of the mark — for example, replacing the specimen with a substantially different one — carries a high risk of being treated as a change of nature. The law states only the principle; the assessment is made case by case by the examiner, so no absolute examples (such as “changing colours is always allowed”) should be relied upon. When in doubt, file a new application.
The sanction: an amendment that expands the scope or changes the nature leads to refusal to grant the protection title — Article 117(1)(d). A careless amendment can cost you the entire application.
How to file an amendment: Form 10 vs response letter
Under Article 83(1) of the Circular, there are two ways to amend:
- Voluntary amendment by the applicant → declaration in Form No. 10 of Appendix I;
- Amendment based on the Office’s examination notice → written response clearly stating the amended content;
- Where both apply → use the Form 10 declaration (Article 83(7)).
One declaration or response letter may amend the same content for multiple applications — useful for portfolio-wide corrections.
Fees for amendment requests
Under Article 83(3), the applicant pays an examination fee for the amendment request for each amended item plus a publication fee where the amended content must be published — except where the amendment corrects an error attributable to the IP Office. Fee amounts follow the law on fees and charges; this article does not state absolute figures.
Consequences to know before amending
- Republication (Article 83(5)(a)): a voluntary amendment that meets the requirements is accepted by the Office; the amended content is published in the IP Gazette where it concerns a formally valid application and relates to the mark specimen and the goods/services list. In practice, this reopens the window for third-party oppositions and observations — amend only when the benefit outweighs this risk.
- Amendment after the intended-grant notice (Article 83(5)(c)): amendments relating to the specimen, the goods/services list, applicant information (collective/certification marks), or the regulations on use of collective/certification marks, filed after the notice of intended grant → the application must be re-examined and the applicant must pay fees.
- Deficient requests: where requirements are not met, the Office issues a notice of intended refusal of the amendment request with 1 month to remedy (Article 83(5)(b)).
- Timing (Article 119(4) of the Law): the time the applicant spends amending or supplementing the application does not count toward the examination period; and the time for processing an amendment request must not exceed one-third of the corresponding examination time.
After grant: amending the title is a different matter
Once the certificate is granted, there is no more “amending the application” — only “amending the protection title” — Article 97 of the Law / Article 110 of the Circular. The permitted scope is narrow: the title holder’s name/address, narrowing the goods/services list, and removing elements not separately protected. The mark specimen cannot be changed. Wanting a substantially different mark means filing a new application.
Frequently asked questions
Can I add new goods/services classes to a filed application?
No. Under Article 115(3), adding new classes expands the scope of the application and is prohibited. File a new application for the new goods or services.
Can I change the mark’s colours or design after filing?
Only refinements that do not change the nature of the mark are permitted. The law does not define “change of nature” quantitatively; the examiner decides case by case. Substantial redesigns carry a high refusal risk — the safer route is a new filing.
Will my amendment be published?
If you voluntarily amend the mark specimen or the goods/services list of a formally valid application, the amended content is published in the IP Gazette — which may attract new third-party oppositions.
Does amending delay examination?
The time you spend amending does not count toward the examination period, and processing your amendment request takes up to one-third of the corresponding examination time — so amendments do extend the overall timeline.
Sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 1 April 2026): Articles 115(1)(a), 115(2), 115(3), 117(1)(d), 119(4).
- Circular 10/2026/TT-BKHCN (effective 1 April 2026): Articles 8, 73(3)(d), 83.
- Post-grant title amendment: Article 97 of the Law; Article 110 of the Circular.
This article reflects legal instruments in force at the time of publication. Laws may change; consult the original texts or a professional before taking procedural steps.
Need to amend a trademark application?
FLAT Law Firm provides pre-filing application review to minimise errors from the start, handles responses to examination notices, and prepares amendment dossiers (Form 10) that stay safely within the legal boundaries. Contact us before amending — a wrong amendment can cost the whole application.
Important notice: This article provides general legal information and does not constitute legal advice for your specific case. Its content has been quality-checked by FLAT’s AI Legal Council under internal procedures; it is not the opinion of a licensed human lawyer who has directly advised on your matter. For specific situations, consult a licensed practicing lawyer.