Rectifying an error in your registered trade mark
Updated 18 November 2019
© Crown copyright 2019
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/trade-marks-rectification/rectifying-an-error-in-your-registered-trade-mark
1. What is rectification?
Rectification is the legal procedure to correct (rectify) an error or an omission that has been made in the details of a trade mark as recorded in the trade marks register.
When can I apply to rectify my trade mark?
You can do this anytime after your trade mark has been registered.
What can be rectified?
Rectification can be used for example to change -
- terms used in the specification 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, is correct
What can’t be rectified?
Rectification cannot be used for example -
- alter the identity of the mark
-
increase the breadth of the specification
or - any other matter which might otherwise be more properly dealt with under another section of the trade marks Act
2. What does it cost?
How can I apply for rectification and what does it cost?
If you want to rectify your 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.
What must I put in my application?
You should say –
- what trade mark you want to rectify
- why you want to rectify your registration
- how the error or omission occurred
To whom should I send the TM26(R) to?
You must send the TM26(R) by post to:
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
Intellectual Property Office
3rd Floor
10 Victoria Street
London
SW1H 0NB
What happens once the TM26(R) has been received?
We will check the TM26(R) to make sure that sufficient information has been provided for the rectification action to proceed. If further clarification is required we will write to you.
3. Evidence in rectification proceedings
What evidence do I need to file?
You may send us any evidence you wish to support the information given in your application.
How should I present my evidence?
Evidence is normally given in the form of a witness statement.
What is a witness statement?
A witness statement is a legal document setting out the facts of the case as you believe them to be. The information provided must be based on the witness’ own personal knowledge and it should stick to the facts.
The witness must give their full name and address; it must be signed, dated and include a statement of truth.
Does a witness statement have to be sworn under oath?
No, but it must be signed by the person making it and it must include a statement of truth.
What is a statement of truth?
A statement of truth is a statement signed by the witness to verify that the contents of the witness statement are true. It is worded ‘I believe that the contents of this statement are true’. Failure to provide a statement of truth will result in the witness statement being returned.
Can I send my evidence attached to an email?
Yes, but any evidence must be filed in a standard accessible format e.g. Windows® Media compatible.
When will I know the outcome of the rectification?
Once we have completed the examination of your application, a letter is issued to confirm that the application to rectify the registered trade mark has been accepted.
What happens if the rectification request is refused?
If we refuse your request we will give our reasons in writing and you can request a hearing.
What is a Hearing?
A party has a right to be heard before any adverse decision is taken against them. The person who decides the case is called a ‘Hearing Officer’.
Do I have to attend the hearing in person?
No, but you can have someone attend on your behalf e.g. a trade mark Attorney. Hearings are generally held via a video conference link between our London and Newport offices, or on the telephone.
What does it cost?
There is no charge for a hearing.
4. How to appeal the hearing officer’s decision
Can I challenge the hearing officer’s decision?
If you feel that in reaching the decision, the hearing officer has made an error on a point of law, or that he or she has made an unreasonable decision on the facts, then an appeal can be filed within 28 days from the issue of the decision.
For further information on the appeal process please contact the trade marks tribunal section.