1609.10(a) Correction of USPTO Error
Registered Extension of Protection
If USPTO records show that a clerical error occurred through the fault of the USPTO, the USPTO will correct the error without charge. The owner of the registration must submit a TEAS Section 7 Request for Amendment or Correction of Registration Certificate form specifying the error to be corrected, unless an exception to the requirement to file electronically through TEAS applies. See 37 C.F.R §2.23(a); SeeTMEP §301.01 for more information about electronic filing. See TMEP §301.02 regarding the limited exceptions for paper submissions. This request must be properly signed in accordance with the guidelines in TMEP §611.03(f). See TMEP §1904.14 regarding a notification of correction in the international register with respect to a registered extension of protection.
Registration Based on Application Under §1 or §44
If a clerical error occurred through the fault of the USPTO, the USPTO will correct the error without charge. 15 U.S.C. §1057(g); 37 C.F.R. §2.174. Section 7(g) gives the Director the discretion to issue a certificate of correction of the existing registration, or to issue a new certificate of registration without charge.
The owner of the registration must submit a TEAS Section 7 Request for Amendment or Correction of Registration Certificate form, specifying the error to be corrected, unless an exception to the requirement to file electronically through TEAS applies. See 37 C.F.R §2.23(a); See TMEP §301.01 for more information about electronic filing. See TMEP §301.02 regarding the limited exceptions for paper submissions. This request must be properly signed in accordance with the guidelines in TMEP §611.03(f).
The USPTO will issue a certificate of correction if the change is non-material, such as a slight misspelling in the mark or the identification of goods/services, or an error in entering the owner’s name or address.
A USPTO error in classification may be corrected if the requested classification is consistent with the current version of the Nice Agreement. Republication is not required.
If correction of a USPTO error would result in a material change such that republication is required (e.g. ,a material change of the mark because the wrong mark published or a broadening of the identification of goods/services because goods/services were deleted in error), the USPTO will not issue a certificate of correction under §7(g). Section 12(a) of the Trademark Act, 15 U.S.C. §1062(a), requires examination and publication prior to registration. Therefore, the error can be corrected only by canceling the registration as inadvertently issued and republishing the mark with the correct information. Depending on the circumstances, including the period of time since registration and the nature of the error, the USPTO may give the owner the option of either: (1) keeping the registration as issued; or (2) having the registration cancelled as inadvertently issued and republishing the mark. If the mark is republished, and registration is not successfully opposed, the USPTO will issue a new certificate of registration with a new registration date.
In some cases, further examination may be required to correct a USPTO error that would materially change the registration, e.g., where a proposed amendment to the mark or the identification of goods/services was filed prior to registration, but not timely made of record and reviewed by the examining attorney. In this situation, depending on the circumstances, including the period of time since registration, the registration may be cancelled as inadvertently issued and the application returned to examination. The examining attorney will examine the amendment using standard examination procedures. If the examining attorney approves the amendment, the mark will be republished. If the amendment is not acceptable, the examining attorney will issue a non-final Office action with a three-month response clause. See TMEP §705.08.
A request to have a registration cancelled as inadvertently issued should be directed to the Office of the Deputy Commissioner for Trademark Examination Policy.