TMEP 1215.08: Material Alteration

October 2017 Edition of the TMEP

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1215.08    Material Alteration

Amendments may not be made to the drawing of the mark if the character of the mark is materially altered. 37 C.F.R. §2.72. In determining whether an amendment is a material alteration, the controlling question is always whether the new and old forms of the mark create essentially the same commercial impression. See TMEP §§807.14–807.14(f) regarding further information about material alteration. In re Yale Sportswear Corp., 88 USPQ2d 1121 (TTAB 2008) ( mark on the specimen (UPPER 90°) not a substantially exact representation of the mark on the drawing (UPPER 90); In re Innovative Cos., LLC, 88 USPQ2d 1095 (TTAB 2008) ( proposed amendment of the drawing from FREEDOMSTONE to FREEDOM STONE not material alteration of the mark); Paris Glove of Can., LTD, v. SBC/Sporto Corp., 84 USPQ2d 1856, 1862 (TTAB 2007) (in an application to renew a registration, the old and new specimens (AQUA STOP and AQUASTOP, both stylized) were deemed to be substantially the same because "mere changes in background or styling, or modernization, are not ordinarily considered to be material changes in the mark.").