Can I change my trademark once I apply for registration?

Can I change my trademark once I apply for registration?

There are several changes that can be done after your trademark application is submitted.

First, you can limit the list of goods and services at any time, either on your own volition, in reply to an objection regarding classification or absolute grounds, or in the course of opposition proceedings. The list of goods and services can be only limited but never extended. Therefore, you must think carefully about the goods and services you will use your mark for, before registering it.

Second, the applicant can amend its the name and address or the details of the representative.

In most of the cases, it is not possible to change your trademark once you have applied and the fees are non-refundable. However, some jurisdictions allow minor changes to trademark applications, and it has to be checked on a case by case basis. In Europe, only the errors of wording or of copying, or obvious mistakes, provided that the correction does not substantially change the trademark can be done. The practice on amendments to the mark representation is very strict. The two conditions for allowing a change to a mark once filed are cumulative:

  • the mistake must be obvious, and
  • the amendment must not substantially change the mark as filed.

Example of an acceptable amendment (for formalities’ purposes) is EUTM No. 546 010. Mark was filed as ‘TOPFLOW’
and later corrected to ‘TOP FLOW’. In the application form, the applicant claimed priority for the mark ‘TOP FLOW’, meaning that it was obvious that a typographical error had been made. The amendment was not considered to be a
substantial alteration of the mark as the addition of a space between the words ‘TOP’ and ‘FLOW’ does not alter the meaning and pronunciation of the mark and the visual impact of the amendment is low.