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RULE §93.111Correction of Mistake by Owner

(a) If a registrant incorrectly sets forth its name, business address, organizational structure, state of organization, or name of general partners in the original application for registration or application for renewal of registration, the registrant may provide evidence of such mistake or error in execution and request that the record regarding the registered trademark be corrected. If the Secretary of State determines that the proposed correction is not a change in the identity or organizational form of the registrant or a change of ownership, but is merely a correction of a drafting error by the registrant, the Secretary may file the request and update its computer records accordingly.

(b) The Secretary of State records may be corrected to change the identification of goods and/or services relating to an active trademark or service mark registration to delete from that identification the registered word mark of another party. The notice of correction must be signed by the registrant and must set forth the following information:

  (1) the name and address of the registrant;

  (2) an identification of the trademark and its certificate of registration number;

  (3) the term(s) to be deleted from the identification of goods and/or services; and

  (4) the generic term(s) or phrase to be used in place of the deleted term(s). Upon receipt of the notice of correction, the Secretary of State will file the notice and place the notice on record, update its computer records accordingly, and send a letter of acknowledgment to the registrant. A duplicate "file stamped" copy of the notice of correction will accompany the letter of acknowledgment, provided that a duplicate copy of the notice is provided for such purpose.

(c) If the records of the Secretary of State clearly disclose a material mistake in a certificate of registration, including a mistake relating to the classification of goods and/or services, the Secretary, pursuant to §93.113 of this title (relating to Issuance of a Corrected Certificate), will issue a corrected certificate of registration, upon the registrant's request.

Source Note: The provisions of this §93.111 adopted to be effective September 1, 2012, 37 TexReg 6287

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