Amend trademark application uspto [With Tuto]

Last updated : Sept 4, 2022
Written by : Austin Evins
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Amend trademark application uspto

Can you amend trademark application?

If it can't be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

How do I amend a pending trademark application?

Simply put, it means changing or altering the application in some manner after it's filed. The way to amend a trademark application is by filing an amendment with the United States Patent and Trademark Office (USPTO).

How do you update a trademark?

How do I correct a trademark application? For clerical corrections in the TM before the registration of the mark, an applicant can apply online through Form TM 16 accompanied by the prescribed fee. This application is examined and the office of the registrar will enable the correction of any error in the application.

Can you change the identification of goods after the application is made?

The trademark as a whole cannot be changed. It will be covered under a new trademark application. The list of goods and services included in the trademark can be limited but they cannot be extended.

How much does it cost to refile the trademark?

The official USPTO fee for filing an amendment is only $100.

Can you add a logo to an existing trademark?

You may be able to amend your national U.S. trademark registration to cover the most current version of your logo, so long as the new logo isn't a “material alteration” of the original registered logo. This allows you to preserve your original priority date that is associated with your old registration!

Can you use a trademark while its pending?

You can use your logo while your trademark application is pending. However, that does not mean you are not infringing another's trademark. Moreover, simply because you have an application pending or even if you obtain a registration does not mean you are not infringing someone else's trademark.

How do I withdraw a trademark application from USPTO?

For assistance in resolving any technical issues with this process, please contact By submission of this request, the applicant hereby expressly abandons the application for trademark registration made under the serial number identified above.

How long does it take to get a trademark approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How do I change the logo on my trademark application?

Once a trademark application has been filed at the trademark registry, the applicant cannot request for changing the logo in a trademark application. A change in the graphical representation of the trademark may be possible if the trademark registry directs the applicant for the same.

Can trademark be modified?

A trademark applicant can request to amend or correct a trademark application before registering. To do this, fill out trademark Form TM–M with the prescribed fee. This can be done for minor technical changes or corrections to the filing and data entry.

How do I change the nature of an applicant in a trademark?

Trademark Modification Procedure The applicant can file for a modification application in the concerned Form TM-M or TM-P with all the supporting documents. The mode of an application may be online or physical filing by payment with the prescribed fee. The application when filed will be scrutinized by the registry.

Can you use a variation of a trademarked name?

If it qualifies as a trademark, no one else can use the same words, phrase or name, including words that are spelled only slightly differently from the mark, to identify the source of goods or services similar to ones for which you registered the trademark.

Can you file the same trademark twice?

If you file a second application for the exact same mark on exactly the same goods and services, your second application will be rejected if the USPTO has already taken action on the first application. If no action has been taken in either application, then both applications will be refused.

How long is a trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Is it better to trademark name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can I trademark a name that is already in use but not trademarked?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can I use TM symbol without registering?

Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.

Can I put a TM next to my name?

Anyone can use the TM symbol without legal repercussions. But the R symbol is only for marks that have trademark protection from the USPTO. It may also be a mistake to not use either the TM or R symbol on your mark. Without the TM symbol, your competitors won't know for sure that you're planning to register the mark.

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Amend trademark application uspto

Comment by Robin Essinger

Thanks for this great article

Thanks for your comment Robin Essinger, have a nice day.
- Austin Evins, Staff Member

Comment by dogfenno9

Thanks for this interesting article

Thanks dogfenno9 your participation is very much appreciated
- Austin Evins

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