I made a mistake in my trademark application, how can I correct it?
It is possible to correct errors in trademark application, within certain limits. How to proceed?
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You have carefully prepared your trademark application, having carefully reviewed all the fields of the registration form. Everything seems correct to you and you therefore decide to send the filing.
A few weeks later, you notice that an error has occurred in your filing.
Is it possible to correct this error? How to do it?
A distinction should be made between several types of errors, which do not follow the same regime:
Some of these items can be fixed, others cannot.
The verbal or figurative element of the trademark cannot be changed.
This is the most significant error, as the trademark must be used exactly as it was registered.
Any error on the sign itself can only be corrected by a new filing, involving a new payment of the filing fee.
The listing of products and services covered by the trademark cannot also be changed.
Once the registration has been made, it is only possible to limit the trademark, that is to say to remove products or services, or to add an exclusion (for example: “excluding pharmaceutical products”).
In case of forgetting products or services, or in the event of an error concerning a product or service offered, it will also be necessary to make a new deposit, involving a new payment of the filing fees.
On the other hand, errors relating to the identification elements of the trademark owner can be corrected.This may be a mistake in the name of the company or an address error. This correction can be made through the procedure for the correction of a material error.
As an exception to what was previously indicated, any error correction by the INPI or the EUIPO can be made, including if the sign is impacted.
In this case, you should contact the INPI or the EUIPO by post to request the correction.
This is done free of charge by publishing an erratum.
The material error correction procedure makes it possible to correct any error that does not affect the sign itself.
For INPI, all you have to do is correct the online application with the supporting documents. The detail is on this page. It is subject to the payment of a fee to INPI. It is therefore important to check all the fields of the registration form carefully before registering the trademark, in order to avoid additional costs to correct an error.
During the life of the brand, changes can impact the brand: change of owner, change of address, etc.
We must not forget the case where a deposit was made for a company in the process of creation. In fact, it is necessary to inform the intellectual property office of the creation of the company, in order for it to be enforceable against third parties.
In all these cases, you must register to register the change.
Registration costs 27 euros per brand at the INPI, and 200 euros at the EUIPO.
However, registration is free if it is a change of address, legal form, name, or denomination of the trademark owner, or the confirmation of the creation of a company.
We can assist you with any registration or error correction with the INPI or the EUIPO.
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