TMEP 807.13(a): Amendment of Mark in Applications Under §§1 and 44

This is the October 2015 Edition of the TMEP

Previous: §807.13 | Next: §807.13(b)

807.13(a)    Amendment of Mark in Applications Under §§1 and 44

Section 1(a) Application. The mark in an application under §1(a) of the Trademark Act can be amended if the specimen supports the amendment and the amendment does not materially alter the mark. 37 C.F.R. §2.72(a). See TMEP §§904–904.07(b) and 1301.04–1301.04(d) regarding specimens, and TMEP §§807.14–807.14(f) regarding material alteration.

Section 1(b) Application. The mark in an application under §1(b) of the Trademark Act can be amended if the specimen filed with an amendment to allege use or statement of use supports the amendment, and the amendment does not materially alter the mark. 37 C.F.R. §2.72(b). See TMEP §§904–904.07(b) and 1301.04–1301.04(d) regarding specimens, TMEP §§1104–1104.11 regarding amendments to allege use, TMEP §§1109–1109.18 regarding statements of use, and TMEP §§807.14–807.14(f) regarding material alteration.

Section 44 Application. The mark in an application under §44 of the Trademark Act can be amended if the mark in the foreign registration certificate supports the amendment, and the amendment does not materially alter the mark. 37 C.F.R. §2.72(c). See TMEP §1011.01 regarding the requirement that the mark on the drawing in a §44 application be a substantially exact representation of the mark as it appears in the foreign registration certificate, and TMEP §§807.14–807.14(f) regarding material alteration.