If you discover an error in your trademark application, you can often correct it by filing the appropriate form through the USPTO system, responding to an Office Action if one has been issued, or submitting a post-filing amendment before publication. The correct approach depends on the type of error, the filing basis, and the current stage of review. Acting quickly is essential to protect your rights and avoid abandonment.
At Beard St Clair Gaffney, we regularly advise Idaho Falls businesses on trademark filing issues before and after submission. Whether you are an individual entrepreneur or an established company expanding across Idaho and beyond, understanding the correction process can help you preserve your brand protection.
Common Errors In A Trademark Application
Trademark owners in Idaho Falls often encounter these issues:
1. Incorrect Owner Information
The applicant listed must match the true legal owner of the mark. This may be:
An individual
A corporation
An LLC
A partnership
If the wrong party is named, correction may require:
An amendment if the error was minor
A new application if ownership was fundamentally incorrect at the time of filing
Ownership errors are serious because trademark rights must vest in the correct owner at the time of filing.
2. Improper Filing Basis In The Patent And Trademark Office
There are multiple filing bases under federal trademark law:
Use in commerce
Intent to use
Foreign registration
Foreign application
If the wrong filing basis was selected, you may need to amend the application before publication. In some cases, you may need to provide new evidence of use or submit a Statement of Use.
The filing basis determines what documentation is required and what timeline applies.
3. Errors In The Description Of Goods Or Services
The USPTO requires precise identification of goods and services, organized by international class. Common problems include:
Overly broad descriptions
Vague language
Incorrect class selection
Missing required information
Amendments may be allowed if they clarify but do not expand the scope of the application. Expanding the goods or services after filing is not permitted.
4. Issues With The Drawing Of The Mark
If your application includes a design mark or claims color, errors may involve:
Incorrect drawing format
Missing color claim
Inconsistent description of the mark
Low-resolution image
Some drawing corrections are permitted if they do not materially alter the mark. A material alteration typically requires a new trademark filing.
5. Responding To A Trademark Office Action
If the examining attorney identifies a problem, the trademark office will issue an Office Action. This notice explains:
Refusals
Required amendments
Additional documentation needed
You generally have six months to submit a response. Failure to respond results in abandonment of the application.
An experienced attorney can help prepare a legally sufficient response that addresses statutory refusals, likelihood of confusion, descriptiveness issues, or specimen problems.
How To Correct Errors Before Publication
If the application is still under review and has not yet been published, you may:
File a Voluntary Amendment through the USPTO system
Submit additional information
Correct minor typographical errors
Clarify identification language
Timing is critical. Once the mark moves to publication, certain changes are no longer permitted.
How To Correct Errors After Publication
After publication, options are more limited. Possible remedies include:
Filing a request for amendment if permitted
Filing a petition to revive if abandoned
Submitting a new application
If a Notice of Allowance has issued, additional filings may be required to maintain the application.
When A New Application Is Required
A new trademark application may be necessary if:
The wrong owner filed the application
The mark has materially changed
Goods or services need expansion
The filing basis cannot be corrected
Although filing again requires another filing fee, it may be the only path to secure protection.
Idaho Falls Business Considerations
Idaho Falls companies often operate across multiple states and territories. Federal registration through the USPTO provides nationwide protection, unlike state-level registration.
For local businesses, errors can delay:
Brand expansion
Licensing agreements
Enforcement efforts
Investment discussions
Trademark protection is a valuable business asset. Correcting mistakes promptly ensures your brand remains secure.
Practical Steps If You Discover An Error
If you identify a problem in your application:
Log in to your USPTO account and review the full record
Identify whether an Office Action has been issued
Determine the stage of the application
Confirm whether the error is clerical or substantive
Consult an attorney before submitting changes
Even minor amendments can affect the scope of protection.
Frequently Asked Questions About Trademark Application Errors
What happens if I ignore an Office Action?
If you fail to respond within the deadline, the application will be abandoned. In some cases, you may file a petition to revive, but additional fees and documentation are required.
Can I change the owner after filing?
Ownership corrections are limited. If the wrong entity owned the mark at the time of filing, you may need to start over.
Can I expand my goods or services after filing?
No. You may clarify or narrow the identification, but you cannot broaden it beyond what was originally submitted.
Are there costs for correcting a drawing or design?
Yes, if the mark drawing or description needs to be corrected without materially changing the mark.
Does the cost vary by filing basis?
Yes, certain corrections for “intent to use” applications or foreign filings may incur additional requirements, but standard amendment fees still apply. The cost varies around $125–$250 depending on complexity.
Final Thoughts
Correcting errors in a trademark application requires careful review, knowledge of USPTO requirements, and strategic judgment. While some changes are straightforward, others can jeopardize your ability to register the mark.
If you are an Idaho Falls business owner who has received a notice from the trademark office or discovered an error after you file, the attorneys at Beard St Clair Gaffney can provide guidance tailored to your specific situation. Early intervention can save time, filing fees, and significant effort while helping you secure the protection your brand deserves.
If you have questions about your trademark registration, filing basis, or response strategy, our team is available to assist with clear answers and practical next steps. Reach out to us today.