Whether you are applying for a registered trademark as an agent or by yourself, you must submit trademark application documents in accordance with relevant regulations. But sometimes we find errors in submitted documents. Can we correct them? certainly! You can apply for trademark correction with the Trademark Office.
1. What is trademark correction?
According to the provisions of Articles 38 and 41 of the Trademark Law of the People’s Republic of China and Article 30 of the Implementation Regulations of the Trademark Law of the People’s Republic of China , if a trademark registration applicant or registrant finds that there are obvious errors in the trademark application or registration documents, they may apply for correction. The correction of errors is limited to individual text errors in names, addresses, products and other items in application documents or registration documents, and does not involve substantive content.
Article 38 of the Trademark Law
If a trademark registration applicant or registrant discovers that there are obvious errors in trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within the scope of its powers in accordance with the law and notify the parties involved.
The correction errors referred to in the preceding paragraph do not involve the substantive content of trademark application documents and registration documents.
Article 41 of the Trademark Law
If a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be submitted.
Article 30 of the "Regulations for the Implementation of the Trademark Law"
If the name, address or other registration information of the trademark registrant changes, a change application shall be submitted to the Trademark Office. If the name of the trademark registrant is changed, a change certificate issued by the relevant registration authority must also be submitted. If the Trademark Office approves, it shall issue corresponding certificates to the trademark registrant and make an announcement; if it disapproves, it shall notify the applicant in writing and explain the reasons.
If the name or address of the trademark registrant is changed, the trademark registrant shall change all registered trademarks at the same time; if the changes are not made at the same time, the Trademark Office shall notify the applicant of the time limit for correction; if no correction is made within the time limit, the applicant shall be deemed to have To abandon the change application, the Trademark Office shall notify the applicant in writing.
2. Processing method
(1) Applicants can apply online.
Submit an application through the trademark online service system. For details on the submission method, please see the “Online Application” section of the Trademark Office’s official website.
(2) Applicants can apply on site.
① Go directly to the Trademark Registration Hall of the Trademark Office.
②Go directly to the Trademark Office’s National Independent Innovation Demonstration Zone Office in Zhongguancun.
③Go to the Trademark Examination Collaboration Center established by the Trademark Office outside Beijing to apply.
④Go directly to the trademark acceptance window that carries out relevant acceptance services.
(3) Applicants can entrust a trademark agency to handle the matter.
Applicants can voluntarily choose a trademark agency registered with the Trademark Office to handle the matter. The trademark agencies registered with the Trademark Office are all published in the "Agency" column of the Trademark Office's official website.
3. Documents submitted
(1) Application for correction of trademark application/registration matters.
(2) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney shall be submitted.
(3) A copy of the identity certificate (copy of business license, ID card, etc.) confirmed by the seal or signature of the trademark registrant; if the application document is in a foreign language, a Chinese translation should be attached.
(4) After the change is completed, if the registrant’s name or address changes, the original change certificate shall be returned at the same time.
(5) After the transfer, if the name or address of the transferee is changed, the original transfer certificate shall be returned at the same time.
(6) If the trademark registration certificate is changed due to the correction of erroneous information, the original trademark registration certificate shall be returned at the same time.
4. Fees to be paid
Application fees are charged by category, and the correction fee for one category is 150 yuan (free online application).
5. How does the applicant collect trademark documents
(1) If you submit an electronic application, please log in to the trademark online service system for inquiry.
(2) If the written application is processed directly, the Trademark Office will mail the corresponding trademark documents.
(3) If a trademark agency is entrusted to handle the matter, the Trademark Office shall send the trademark documents to the trademark agency.
Therefore, if we encounter errors in the submitted trademark application documents that need to be corrected, we can apply to the Trademark Office for trademark correction according to the above method.
Pay attention to the standardized use of trademarks to help companies safeguard trademark rights and give full play to brand advantages in the commodity economy. If you don’t understand every detail of trademarks, Bajie Intellectual Property Trademark Network will help you! If you encounter any problems during use, please feel free to consult Bajie Intellectual Property Trademark Network. It is our honor to serve you!