TMEP 1604.13(a): Possible Amendment of Mark in Registration

This is the October 2015 Edition of the TMEP

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1604.13(a)    Possible Amendment of Mark in Registration

If the USPTO accepts the §8 affidavit or declaration, and there is a difference between the mark on the specimen filed with the affidavit or declaration and the mark in the registration, the mark as originally registered remains the mark of record. If the owner wants to change the mark in the registration to agree with the mark currently used, the owner must file a separate request for amendment under §7(e) of the Act, 15 U.S.C. §1057(e), and pay the fee required by 37 C.F.R. §2.6. See Ex parte Petersen & Pegau Baking Co., 100 USPQ 20 (Comm’r Pats. 1953). See TMEP §§1609.02 et seq. regarding amendment of a registered mark under §7(e).

However, amending the mark in a registration under §7(e) to agree with the mark as shown on a §8 specimen is not mandatory.