Changing the details of an application or registration

Applications

Once you have sent in an application, there are only limited ways in which you can change it:

• you may restrict the goods or services covered by the application by writing to tell us how you want to restrict your specification,
  
  
• you may correct:
  • the name or address of the applicant
  • errors of wording or of copying, or
  • obvious errors

but only if the correction does not substantially change the mark or extend the goods or services covered by the application. The application form should state what is to be changed and why you want to change it. Full reasons for your request must be presented to satisfy the examiners at the Registry that your request is acceptable.

Your explanation may be presented in the form of a Witness Statement, as described below. A sample of the witness statement has been reproduced below as provided by the UK Patents Office; a blank sample has also been reproduced. If you would prefer to type your own statement, then this would be just as acceptable.

Title

The statement must be headed with the words "TRADE MARKS ACT 1994".

Under this, on the right hand side, you should insert details of:

a. the application number
b. the correct name of the applicant, and
c. the mark.

Then include the title "Witness Statement".

Part 1 - Who is making the statement

Insert:

d. the name of the person making the statement
e. their address - usually the official business address, but it could be their private address
f. their position, status, or rank within
g. the applicant company
h. the source of their information - personal knowledge, company records, or other source.

Part 2 - Explanation

Say what mistake was made, how it was made, and by whom. You must also confirm that the ownership of the applicant has not changed. If it has follow the instructions given below to follow the appropriate procedure.

Part 3 - Statement of truth

The statement must include these words. Then sign and date the statement.

Form(s)

Changing the name or address of the proprietor [TM21]
This form is used to change the name or address of the proprietor of the applicant company.

Fee no charge

Change in actual ownership of the registration [TM16]
This form is used to record Assignments of registered trade marks from current owners to new owners.

The application must be submitted with a fee sheet, which must be filled with all fee bearing forms.

Registrations
Registered trade marks can be altered using the Alteration form. You may use the above mentioned forms to changes the name or address of the proprietor, and if there has been a change in the ownership of the registration.

Other changes, such as errors or omissions in the form or registration should be requested under the Rectification procedure.

EXAMPLE OF A COMPLETED WITNESS STATEMENT
Words shown in italics are the type of information which is needed

TRADE MARKS ACT 1994
IN THE MATTER OF
Trade Mark application no 1234567
in the name of Bloggins plc
to register the mark BLOGWIDGE

Witness Statement

1. I, John Smith of 49 Acacia Avenue, London, W32 1XY am the Managing Director and Chief Executive of Bloggins plc, a position which I have held since 1993. The facts in this statement come from my personal knowledge and I am duly authorised to speak on my company's behalf in the prosecution of this application.

2. I instructed my secretary to prepare the above application. She inadvertently typed the applicant's name on the application form as Boglins plc, instead of Bloggins plc. She then posted the application before I had the opportunity to check it. I confirm that this was a purely clerical error, and that ownership of the applicant company has not changed during the course of this application.

3. I believe that the facts stated in this witness statement are true.

Signed John Smith

Dated 13 December 1999

TRADE MARKS ACT 1994

IN THE MATTER OF
Trade Mark application no (a)
in the name of (b)
to register the mark (c)

Witness Statement

1. I, (d) of (e) am the (f) of (g), a position which I have held since (date) The facts in this statement come from (h) and I am duly authorised to speak on my company's behalf in the prosecution of this application.

2. I confirm that ownership of the applicant company has not changed during the course of this application.

3. I believe that the facts stated in this witness statement are true.

Signed

Dated