1214.02 Agreement of Mark on Drawing with Mark on Specimens or Foreign Registration
Where an applicant seeks registration of a “phantom mark,” the examining attorney must also consider whether the mark on the drawing is a substantially exact representation of the mark as used on the specimen in a use-based application, or the mark in the home country registration in an application based on Trademark Act §44, 15 U.S.C. §1126. See TMEP §§807.12–807.12(e).
The applicant may amend the mark to overcome a refusal on the ground that the mark on the drawing does not agree with the mark as used on the specimen, or with the mark in the foreign registration, if the amendment is not a material alteration of the mark. See TMEP §§807.14–807.14(f) regarding material alteration.