TMEP 1613.13(a): Amendment of Mark in Registration

October 2017 Edition of the TMEP

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1613.13(a)    Amendment of Mark in Registration

If the USPTO accepts the §71 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.  The holder cannot file a request for amendment under §7(e) of the Act as the mark in a registered extension of protection cannot be amended. In some situations, however, the holder may file a request under §7(e) to add a standard character claim. See TMEP §1609.02.