Once the trade mark has been registered, any person with ‘sufficient interest’ in the trade mark may apply for rectification provided that the application is not made in respect of a matter affecting the validity of the registration.
A person or business for whom an error or omission in the register may have legal or economic consequences will have ‘sufficient interest’ to seek rectification.
Examples of rectification
Rectification can be used for example to correct:
words or terms used to describe items in the list of goods or services which are self-evidently erroneous and no other party could possibly be disadvantaged by their correction
applicant’s or proprietor’s name and/or address, which appears on the register incorrectly and, on the basis of evidence provided, was entered in error
cases of genuine mistaken identity where the intention was always to name one person as the owner of the mark, but due to a mistake another person was named in error
Rectification cannot be used for example to:
alter the trade mark
add to the list of goods and services for which the mark is registered
ask for another person to be substituted as the owner of the trade mark because they have an earlier right to the trade mark (other than the owner of a well known mark registered in the UK by an agent of the foreign owner) and/or it is alleged that the application was made in ‘bad faith’. In such cases an application for invalidity may be more appropriate
Apply for rectification
If you want to rectify a trade mark registration then you must file a TM26(R) ‘Application to rectify the register’ (no fee) accompanied by a statement of grounds on which the application is made, together with any evidence to support those grounds.