Preface
This brief note is not legal advice and is for educational purposes only.
After your trademark (mark) registration is granted (on the registration date noted on the mark certificate) you, to your horror, discover there’s an error. How do you fix it? Well, under Section 7 of the Trademark Act (Lanham Act) (15 U.S. Code § 1057 – Certificates of registration) deals with such and is called a Section 7 Request.
Section 7 Request
A Section 7 request filed with the USPTO can be used to fix some errors (generally minor – that is not affecting the mark significantly or misleading the public).
Examples of errors that can be corrected with a Section 7 request are:
- Correcting Errors: If there is an error in the trademark registration due to the fault of the USPTO or the registrant, such as a typographical mistake, you can request correction. If the USPTO made the error they will not charge you. Otherwise, there may be a fee.
- Amending Information: Registrants may use it to update or change aspects of the registration, such as the owner’s name or address.
- Surrendering the Registration: If the registrant no longer wants the trademark registration, they can request to surrender it voluntarily.
- Restricting Goods/Services: You can also request to narrow or limit the goods or services covered by the trademark registration.
More Info
A section 7 request is normally filed using the Trademark Electronic Application System (TEAS). Here’s an example showing what the Section 7 Request looks like. https://www.uspto.gov/sites/default/files/SEC_7.pdf?form=MG0AV3 – MAKE THIS LINK NOFOLLOW
Conclusion
A Section 7 request is a post registration request that can be used to correct some errors. Consult your attorney.
