TMEP 1306.06(b): Amendment to Different Type of Mark

This is the October 2015 Edition of the TMEP

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1306.06(b)    Amendment to Different Type of Mark

If a certification mark application is filed but the mark is actually another type of mark, or if an application for another type of mark is filed but it is actually a certification mark, the application may be amended to request registration as the proper type of mark. Also, the application should be re-executed because some essential allegations differ for the different types of marks.

Applications for certification marks, collective marks, and collective membership marks cannot be filed using TEAS Plus. 37 C.F.R. §2.22(d). Therefore, in a TEAS Plus application, an additional TEAS Plus processing fee will be required if the mark is amended to a collective trademark or collective service mark, collective membership mark, or certification mark. See TMEP §819.01(a).

See TMEP §1306.04(d)(i) regarding appearance of a trademark or service mark in a certification mark or on a specimen, TMEP §1306.04(b)(ii) regarding related company use, and TMEP §1306.04(b)(iii) regarding use under a patent license.