Trademark post registration amendment [Best Answer]



Last updated : Aug 12, 2022
Written by : Jamika Tischler
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Trademark post registration amendment

Can you amend a trademark after registration?

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 registered 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.

When can you amend a trademark application?

An amendment to a trademark registration may be filed at any time after the mark has been registered.

What is a Section 7 filing for a trademark?

Section 7 Request for Amendment or Correction of Registration Certificate. Use this form to submit a request to correct information in a registration certificate, namely, an immaterial error(s) caused by the owner or the USPTO.

Can I make changes in trademark?

Before the registration of a trademark, an applicant who has filed a trademark registration application can request for correction or amendment of a trademark application by filing trademark Form- 16 along with the prescribed fee and supporting documents.

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!

What is registration amendment?

An amendment corrects errors or omissions on a recent registration or renewal. Charities can also use an amendment to replace estimated financial information on an initial registration statement with actual financial figures.

Can you add to a trademark?

Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application.

What is a Section 8 Declaration trademark?

A Section 8 declaration is a signed statement filed by the trademark owner that either: (1) the trademark is in use in commerce with the goods or services listed in the registration; or (2) the trademark is not in use in commerce due to special circumstances that excuse nonuse.

Does a trademark expire?

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 trademark Incontestability?

Incontestable trademarks are trademarks that under normal circumstances are immune from being challenged. To be declared incontestable, a trademark must not have been acquired fraudulently, and must have been in consistent use for five consecutive years.

Can I have two trademarks?

Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.

Can you trademark 2 logos?

It should come as no surprise that one trademark application can cover only one mark. In other words, you may not register multiple trademarks in a single application. What may be more tricky to discern is whether a logo contains multiple marks.

What is the difference between restated and amended?

An amended agreement or “amended” means that a contract has been modified, changed or edited. A restated agreement or “restated” means that the original contract is reproduced in full in one document.

What is the difference between amended and Restated Articles of Incorporation?

A restatement will replace the old bylaws with a new set entirely, while an amendment replaces or supersedes certain provisions, keeping the original bylaws in effect.

What does Articles of Amendment mean?

The Articles of Amendment, also sometimes called a Certificate of Amendment, is a document filed with your state of incorporation (or any states in which your company has foreign qualified to transact business), to enact a specific change to the information included in your company's incorporation or qualification ...

How do I add more classes to my trademark?

Adding a class to a registered trade mark However, once you've registered your mark, you can't expand the scope of protection - you can't add extra classes or alter the representation of the mark (eg change your logo). You may need to file a new registration to protect your existing trade mark under different classes.

Can I register an existing trademark in a different class?

Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under another class. Hence, filing of trademark application under one class does not provide complete exclusivity over the mark's use.

What is a Section 9 Renewal trademark?

Filing a Section 9 trademark renewal form allows you to renew your trademark and maintain trademark rights. A Section 9 form must be filed within one year following the nine-year anniversary of your trademark registration. After your first renewal, trademark renewals are required every 10 years.

What is the affidavit text in trademark?

The first part of the Section 8 is an affidavit. This affidavit is your sworn oath that the trademark is still being used commercially. The affidavit must include a description of the goods or services bearing the trademark. You must also send examples of the trademark's usage.


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Trademark post registration amendment


Comment by Daniell Kurylo

Thanks for this great article


Thanks for your comment Daniell Kurylo, have a nice day.
- Jamika Tischler, Staff Member


Comment by Dirk

Thanks for this interesting article


Thanks Dirk your participation is very much appreciated
- Jamika Tischler


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