TMEP 1402.06: Amendments Permitted to Clarify or Limit Identification

October 2017 Edition of the TMEP

Previous: §1402.05(b) | Next: §1402.06(a)

1402.06    Amendments Permitted to Clarify or Limit Identification

Trademark Rule 2.71(a), 37 C.F.R. §2.71(a), restricts amendments to the identification of goods or services as follows, "The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services...." 37 C.F.R §2.71(a); see In re Jimmy Moore LLC, 119 USPQ2d 1764 (TTAB 2016). This rule applies to all applications.

Section 7(c) of the Trademark Act, 15 U.S.C. §1057(c), provides that filing an application for registration on the Principal Register establishes constructive use and nationwide priority, contingent on issuance of the registration ( see TMEP §201.02).  Therefore, the identification of goods and/or services in an application defines the scope of those rights established by the filing of an application for registration on the Principal Register.