T.M.E.P. § 1609.01
Amendment of Registration - In General

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1609.01 Amendment of Registration - In General

1609.01(a) Registered Extension of Protection Cannot be Amended Under §7

An extension of protection of an international registration remains part of the international registration even after registration in the United States. TMEP §1601.01(c). All requests to record changes to an international registration must be filed at the IB. The holder of a registered extension of protection cannot file an amendment under §7 of the Trademark Act. The USPTO will not accept an amendment of a registered extension of protection that has not been recorded in the International Register. See TMEP §§1906.01 et seq. regarding requests to record changes at the IB.

1609.01(b) Amendment of Registration Resulting From §1 or §44 Application

Under §7(e) of the Trademark Act, a registration based on an application under §1 or §44 of the Trademark Act may be amended "for good cause." Any request for amendment of a mark must be accompanied by the required fee. 15 U.S.C. 1057(e); 37 C.F.R. §§2.6 and 2.173(a).

The request for amendment must be signed and verified (sworn to) or supported by a declaration under 37 C.F.R. 2.20, by the owner of the registration or a person properly authorized to sign on behalf of the owner. 37 C.F.R. §§2.173(a) and 2.175(b). The following persons are authorized to sign on behalf of the owner: (1) a person with legal authority to bind the owner; (2) a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or (3) an attorney as defined in 37 C.F.R. 10.1(c) who has an actual written or verbal power of attorney or an implied power of attorney from the owner. Generally, the USPTO does not question the authority of the person who signs a verification on behalf of the owner, unless there is an inconsistency in the record as to the signatory's authority to sign.

Applications to amend registrations that are not the subject of inter partes proceedings before the Trademark Trial and Appeal Board are handled by the Post Registration Section of the Office. Amendment of a registration that is the subject of an inter partes proceeding is governed by 37 C.F.R. 2.133. See TBMP §§514.01 et seq.

If the request for amendment is granted, the USPTO sends an updated registration certificate showing the amendment to the owner of record, and updates USPTO records accordingly.