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Once the trade mark has been registered, any person with 鈥�sufficient interest鈥� 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 鈥�sufficient interest鈥� 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鈥檚 or proprietor鈥檚 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 鈥榖ad faith鈥�. 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) 鈥楢pplication to rectify the register鈥� (no fee) accompanied by a statement of grounds on which the application is made, together with any evidence to support those grounds.

Glossary of terms

The Trade marks tribunal: glossary of terms is also available.