Publication date: June 17, 2019
Amendment date: October 28, 2020
This notice is intended to clarify the practice of the Trademarks Office with respect to the correction to an obvious error in the register under subsection 41(3) of the Trademarks Act (the Act) and replaces the practice notice of the same name published on the CIPO website on June 17, 2019.
Subsection 41(3) of the Act gives the Registrar the authority to correct an obvious error in an entry in the register for a registered trademark. The error must be obvious in view of the documents on file. An example of an obvious error that the Registrar may correct would be where certain goods or services, that were in the application on the day on which the trademark was registered, were omitted from the register entry. Another example would be where the Office makes an error in entering an amendment to the goods or services requested by the registered owner under paragraph 41(1)(c) of the Act.
Please note that the correction must be made by the Registrar within six months from the day on which the trademark is registered or when the entry is made on the register. As such, registered owners must ensure that any request to correct an error is received by the Registrar in a timely fashion as requests sent at the end of the period may not be processed in time.
Making a Request
Requests for these types of corrections may be submitted by mail or fax using the contact information outlined below, or through the General Correspondence online service for trademarks.
Correction of Entry in Register
c/o Deputy Director, Examination Division
Trademarks Office
Canadian Intellectual Property Office
50 Victoria Street
Gatineau, Quebec K1A 0C9
Fax to 819-953-2476.