A Community trade mark application may be amended, at the request of the applicant only by:

• Correcting the name and address of the applicant
• Correcting errors of wording, copying, or obvious mistakes

provided that such correction does not substantially change the trade mark or extend the list of goods or services.

This means that:

• A change of the representation of the trade mark is not possible unless the change is not considered substantial
• You may not add products or classes to the classification you filed at the beginning

The applicant may at any time restrict / withdraw his Community trade mark application. The Office does not have a form for the restriction / withdrawal of a CTM application, so it is sufficient to send a fax to the number +34 965 13 1344. There is no fee for this. The declaration should be in clear and unambiguous terms, such as ‘I restrict / withdraw CTM application number XYZ’.

If you decide to withdraw the application and re-file it, the application fee will be lost if it has already been paid. If you have not yet paid the application fee, it is recommendable to withdraw the application and file it again with the new mark/classification.

You can find further information by clicking into the following link:

• Withdrawal, restriction and amendment of the application: Articles 44 and 48, Council Regulation (EC) No 40/94
• Practice Note 23/11/2004 concerning restrictions