| (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.
|
