Oops! Fix a Trademark Error: Guide to Rectifying Filing Mistakes

Trademark Error

Filing a trademark is a crucial step in protecting your intellectual property. However, mistakes can happen, and sometimes individuals or businesses inadvertently file trademarks under the wrong name. This leads to a trademark error. So, what can you do if you find yourself in this situation? Fortunately, there’s a solution that doesn’t require refiling your mark. In this article, we’ll explore how you can correct a trademark error through the power of amendments.

Understanding Correctable Errors

Not all mistakes are irreversible. The United States Patent and Trademark Office (USPTO) allows for certain correctable errors in identifying the applicant. Here are some examples:

Trade Name Set Forth as Applicant: If the applicant utilizes a trade name that is not a legal entity for identification purposes, they have the option to file an amendment to correct the mistake and provide their accurate legal name.

Operating Division Identified as Applicant: Mistakenly naming an operating division, which is not a legal entity, as the owner allows for amendment of the applicant’s name.

Minor Clerical Errors: Minor clerical errors such as the addition or omission of “The” or “Inc.” in the applicant’s name may be corrected by amendment. However, significant changes to the applicant’s name are not considered minor clerical errors.

Inconsistency in Original Application: If the original application shows an inconsistency between the owner name and the entity type, the applicant may amend the application to resolve the inconsistency.

Non-Correctable Errors:

While some mistakes are correctable, others are not. Here are examples of non-correctable errors in identifying the applicant:

President of Corporation Files as Individual: If the president of a corporation is mistakenly identified as the owner when the corporation actually owns the mark, and there is no inconsistency in the original application between the owner name and the entity type, the application is void as filed.

Predecessor in Interest: Filing an application in the name of one entity when the mark was assigned to another entity before the application filing date renders the application void.

Joint Venturer Files: If the applicant files the application in the name of a joint venture itself, without any inconsistency in the original application between the owner name and the entity type, they cannot amend their name.

Correcting the Mistake:

To correct an obvious mistake in the applicant’s name, a verification or declaration is not normally necessary. However, it’s essential to follow the specific guidelines provided by the USPTO for amending the application.

Taking Steps to Correct Your Trademark Mistake

Filing a trademark in the wrong name can be an unsettling mistake, but it’s not the end of the road. By understanding the correctable and non-correctable errors in identifying the applicant, you can take the necessary steps to fix the mistake. Remember, correcting a trademark mistake through an amendment saves you the hassle of refiling. Ensure you consult with a qualified intellectual property attorney who can guide you through the amendment process smoothly.

If you need assistance with trademark matters or have made a mistake in filing your mark, our team at Keener and Associates, P.C. is here to help. Contact us today for expert advice and reliable solutions tailored to your intellectual property needs.