Frequently Asked Questions - correction process
This message has been sent to you to draw your attention to the fact that one of your trademark has been marked as incorrect. In order to find out why your trademark was marked incorrect, please go to your account first. You then need to click on your mark in the mark tab. The reason why your mark was marked as incorrect can be found in the field "COMMENT" in the bottom of the page. If you wish to correct your trademark record you can find how to do this on our website.
The reason why you cannot correct the mark is likely because this mark has been marked as “invalid”. Indeed the correction process entitles you to correct or modify any information that was included in the original submission of such trademark record to the Clearinghouse for the first time after the verification agent has completed the verification services on the trademark record. The correction process is however limited to one correction attempt per trademark record submission. If you fail to use this chance to correct your trademark record, the trademark record is then on invalid. If your record has been set to invalid but you still want to have this trademark record included in the Clearinghouse, you can always submit a new trademark record and pay again the related fees.
Your trademark could also still be under validation. This is indicated by the status “new”. In this case you will have to wait until the end of the verification process. The mark can then receive the status (1) verified which means that no further action will be requested from you (unless the proof of use is on incorrect), (2) incorrect which means that you will then be able to correct it and (3) invalid which means that you have already used your chance to correct it and are no longer able to correct it.
This can happen if you, for instance, have changed the name of your trademark. Indeed when the name of the mark is incorrect, you need to change the name of the mark and to add as well the labels manually. If you forget to do this, no labels will be generated. To add the labels manually, please read the HOW TO.
This can also happen if your mark is composed of mixed scripts. Indeed due to technical requirements imposed by ICANN, you must be aware that no labels will be generated for marks composed of mixed scripts. This means that while you might have a verified trademark, your SMD file will contain no labels and no trademark claims notifications will be sent to you as no labels will be attached to your trademark record.
As soon as your mark record is set on incorrect, you will be provided with a comment stating why your mark record was marked as incorrect. You can find this comment field by clicking on the mark and scrolling down. You will need to correct the mark record accordingly.
No, you should only indicate in the field detailed description of goods and services goods and services for which your trademark is still protected. For instance, if your trademark is registered in the United States and there are goods and services that are indicated between square brackets you should omit those as these goods and services are no longer covered by the registration according to the USPTO.
In the field “DESCRIPTION OF GOODS AND SERVICES CLASS” you should select “NA”. You should however always provide the detailed description in the field “DETAILED DESCRIPTION OF GOODS AND SERVICES”.
You should provide the detailed description of goods and services in the language of the trademark certificate. If you want to submit it in another language, you should provide a certified translation with the trademark record.
The verification agent provides a comment as to why your trademark record has been deemed incorrect. For more information, please read the manual “How to edit my trademark record” provided at http://www.trademark-clearinghouse.com/quick-reference.
Please note that no refunds are provided.
No, once your trademark is deemed invalid, you can no longer correct the trademark. Should you not agree with the decision, you can file a dispute (http://www.trademark-clearinghouse.com/dispute) or submit a new trademark record.
You can correct the trademark record one time. If you fail to correct your trademark record, your trademark will be deemed invalid.
You will have twenty (20) calendar days to reply.