If there is an error with a trademark registration or a new registration needs to be issued due to a change in ownership, under Section 7 of the Lanham Act, the trademark owner can request a correction.
At anytime after a trademark registration issues, the trademark order can request to correct the registration by filing a Section 7 Request for Amendment or Correction of Registration Certificate. It is named a Section 7 Request because the rules governing the process are outlined in Section 7 of the Lanham Act.
Section 7 form on TEAS
Items that may be corrected on a trademark registration include a mistake made by the United States Patent and Trademark Office (USPTO) when processing the trademark registration, a mistake made by the trademark applicant that occured in good faith, or an updated address or change in ownership to be filed with the USPTO.
The USPTO website explicitly states a Section 7 Request can be made for:
Correcting an immaterial error in a registration that was the fault of the USPTO, or which occurred in good faith through the owner/holder of the registration;
Amending "for good cause" of a registration; or
A new registration certificate if a new owner/holder exists.
The cost to file a Section 7 Request cost $100, if filed online through the Trademark Electronic Application System (TEAS). If a Section 7 Request is filed on paper, the cost increases to $200.
If you need to make a correction to your trademark registration, reach out to us for a free trademark consultation. Our attorneys will work with you to help resolve the issue.