Mistake in a trademark application: how to correct it
Error in the sign, goods/services or owner details: what can be corrected in a trademark filing at INPI or EUIPO.
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You carefully prepared your trademark application, reviewed every field, and submitted the filing. A few weeks later, you discover an error. What can be done?
Several types of errors exist, with different consequences.
The word or figurative element of the mark cannot be amended after filing. This is the most significant error: the mark must be used exactly as registered. A new filing will be required, with a fresh payment of fees.
The specification of goods and services cannot be broadened after filing. It is only possible to limit the mark (removing goods or services, or adding an exclusion). If goods or services were omitted, a new filing will be required.
Errors relating to the company name, address or legal form of the owner can be corrected through the material error rectification procedure.
If the error originates from the office, it can be corrected free of charge by publication of an erratum, including where the sign is affected.
At the INPI, the correction is made online with supporting documents (INPI page), subject to a fee. It is therefore essential to check every field carefully before filing. See the article on pre-filing checks.
Changes may occur: change of owner, change of address, or confirmation of company incorporation (for marks filed for a company being formed). A recordal is required: €27 per mark at the INPI, €200 at the EUIPO. Recordals are free for changes of address, legal form or name. For an overview, see the trademark filing guide and the intellectual property services page.
Some errors in a trademark filing can be corrected; others require a fresh filing. The best precaution remains careful review before submission. If you need help correcting or completing a filing, book a call.
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