Can a trademark application be amended [Detailed Response]

Last updated : Sept 28, 2022
Written by : Ronny Wulf
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Can a trademark application be amended

How do you correct an error in a trademark application?

If you find an error after your mark is published in the Trademark Official Gazette (TMOG). Submit the form Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment. See the Trademark Manual of Examining Procedure (TMEP) §§1505-1505.03(b) for more information on changes after publication.

How much does it cost to amend a trademark?

The official USPTO fee for filing an amendment is only $100. In many cases the associated arguments are short. There is not a large body of law on permissible changes to trademarks and it is not possible to search the USPTO record to determine if a trademark has been successfully amended.

How do you revise a trademark?

How Do I Amend a Trademark Registration? If your trademark registration is not the subject of a cancellation proceeding, then you can amend your trademark registration by filing a Section 7 Request for Amendment with the USPTO. The Section 7 is an online form that is available on the USPTO's website.

What happens if my trademark application is rejected?

What Happens if the TTAB Issues a Final Decision to Reject a Trademark Application? If the TTAB issues a final decision to reject a trademark application, there is only one remaining option for recourse. The applicant must file an appeal with the United States Court of Appeals for the Federal Circuit.

Can you change name on trademark application?

If you are filing a form with us during the application process, such as a Response to Office Action or a Statement of Use, you can correct the owner name at the same time. In the Owner Information section of the form you are filing, the Name field will show the current owner listed in the trademark database.

What is rectification filed in trademark?

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry.

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 much is intent for trademark application?

An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.

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.

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 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 do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

What percentage of trademark applications are rejected?

Absolutely. According to the USPTO, approximately 18% of applications failed during first action in 2016. When you think about it, that number is quite shocking. It means nearly 1-in-5 trademark applications were refused.

Which of the following is the most common reason that trademarks are denied?

Likelihood of Confusion Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted.

Do you get your money back if your trademark is denied?

Will the Trademark Office refund the government fees if my trademark is refused? Unfortunately the government fees for a trademark filing are never refundable. When a trademark application is filed, the government fees are paid. Once they are paid, they are not refunded for any reason.

Who can file a application for rectification of registered trademark?

In effect, if the mark has not been used for a period of 5 years and 3 months, then any aggrieved person may file a petition for the rectification of registration for the removal of the registered mark from the trade register.

What is TM M in trademark?

The Trade Marks Act, 1999. Application/Request for any miscellaneous function in respect of a trademark Application/ Opposition/Rectification. under the Trade Marks Act.

Is rectification of register of members possible?

70 National Company Law Tribunal Rules, 2016. (1) The appeals against the refusal for registration of transfer or transmission of securities under section 58 or for rectification of register of members under section 59 shall be made to the Tribunal by way of a petition in Form No. NCLT.

Can I use my trademark while its pending?

A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.

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.

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Can a trademark application be amended

Comment by Jacques Crans

what's up everybody this is attorney dan and today i want to talk about trademarks and whether a trademark application can be amended uh and the answer is yes with the but so it depends what type of uh amendment you uh need to do typically at the general rules you you can't um if you're looking to change the mark then uh you can't maturely alter the mark um and what does that really mean and it's kind of partly subjective and this is where you have to go dig into the rules a little bit but i kind of just give you an example recently i had and um it was in my file uh the the applicant came in asking for my help but um they filed for a standard word mark and then the uh then they um then they switched it to um a logo and the examining attorney said no you can't do that because that is a um it has a material alteration right you can't maturely alter it and so so typically like uh if if it's like missing an apostrophe maybe if it's missing a letter unlikely um but so really just kind of depends on what the modification or the amendment is if you're looking to change the mark itself also sometimes you can sometimes you can't okay other other things you may be able to do is like you know if it's like an address or you need updated yeah you can you can do that but for a lot of a lot of um or you're asking like hey can i can i add new classes to the um to the goods and services and the answer is no so typically you can't go broader like you can't add classes or expand your description of goods and services but you can go narrower so here's a kind of a trick for your for us long time practitioners what we do is we try to go as broad as possible because it's easier to delete classes or go narrower through the examination process than it is to to go wider so you start off narrow you can't go wider okay and so uh to answer the bigger question yes trademark applications can be amended but um the lawyerly answer it kind of just depends what you're looking to amend and sometimes you can depend sometimes you can't depending on what you're exactly amending for so hey this is dan if you need help with your trademark application or you just don't want to deal with all this on your own feel free to reach out to us we happy to book an appointment with you and see how we can help you all right this is dan talk to you soon bye

Thanks for your comment Jacques Crans, have a nice day.
- Ronny Wulf, Staff Member

Comment by Sook

Thanks for this interesting article

Thanks Sook your participation is very much appreciated
- Ronny Wulf

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