TMEP 1505.01(a): Form and Timing of Amendments

This is the October 2015 Edition of the TMEP

Previous: §1505.01 | Next: §1505.01(b)

1505.01(a)    Form and Timing of Amendments

All amendments filed after publication must be submitted in writing. Unless a notice of opposition has been filed, the USPTO prefers that amendments filed after publication but before issuance of a registration or notice of allowance be filed electronically. In TEAS, the Post-Publication Amendment form can be accessed at http://www.uspto.gov. If it is not possible to file the amendment electronically, it should be faxed to Post Publication Amendments/Corrections at 571-270-9007, unless the amendment includes a special form drawing. See 37 C.F.R. §2.195(d)(2) (prohibiting fax transmission of drawing). An amendment filed on paper that includes a special form drawing should be mailed to the following address:

Commissioner for Trademarks

Petitions Office

P.O. Box 1451

Alexandria, Virginia 22313-1451

Requests to correct minor typographical errors entered by the USPTO, inquiries regarding the procedure for submitting a post-publication amendment, or questions regarding the status of a pending post-publication amendment can be e-mailed to TMPostPubQuery@uspto.gov.

Any amendment filed during the pendency of an inter partes opposition proceeding should be filed directly with the Board. See 37 C.F.R. §2.133; TMEP §1505.01(f).

The USPTO cannot process any amendment filed during the time periods in which the mark cannot be withdrawn from publication in the Official Gazette or from issuance of a registration. If a request for amendment relates to a mark that cannot be withdrawn from publication, it will be processed in accordance with the procedures set forth in TMEP §§1505.01(b) through 1505.02(f). If a request for amendment relates to a mark that cannot be withdrawn from issuance of a registration, or that has already registered, the applicant will be instructed to resubmit its request to the Post Registration Section as a request to amend or correct the registration under §7 of the Trademark Act. 15 U.S.C. §1057; 37 C.F.R. §§2.6, 2.173(a), 2.174, 2.175.

See TMEP §§1107 and 1107.01 regarding amendments to a §1(b) application filed between the issuance of a notice of allowance and the submission of a statement of use, and TMEP §§1609 et seq. regarding amendment of a registration under §7(e) of the Trademark Act.