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Changing application information after approval for publication
You can request to change some information in your trademark application after your examining attorney approves your trademark for publication and before your trademark is registered. However, not all changes are allowed.
Requesting minor changes
You can request some types of minor changes at this stage. Use the Post-Approval/Publication/Post-Notice of Allowance (NOA) amendment form to request changes such as:
- Restricting, limiting, or deleting goods and services. You cannot add goods, add services, or expand the scope of the goods and services on your application.
- Making immaterial changes to your trademark. Your amended trademark must give essentially the same impression as the current version. Otherwise, it's a material alteration , which isn't allowed. See TMEP section 807.14 for more on material alteration.
- Adding a disclaimer to your trademark. A disclaimer is a statement that you aren't claiming exclusive rights to a portion of your trademark, such as a generic word.
If your application is based on intent to use, you can request changes until we issue a Notice of Allowance . If you've received a Notice of Allowance, wait until you file your Statement of Use. You can request changes in your Statement of Use form .
For any other filing basis, there's a limited window for requesting minor changes before publication. If your trademark has been approved but not yet published, submit your request as soon as possible to allow for processing. 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 .
Requesting changes during an opposition proceeding
If someone opposes your trademark during the publication period, the Trademark Trial and Appeal Board may open an opposition proceeding. If you need to request changes during this proceeding, use the Electronic System for Trademark Trials and Appeals (ESTTA) instead of following the instructions on this page. See TBMP section 514.01 for more information on amending your trademark during an opposition proceeding.
Changing ownership or attorney information
If you've changed your name or transferred your trademark to a new owner, use Assignment Center to record the assignment . See our trademark assignments page for instructions and limitations. If you filed based on section 66(a) (Madrid protocol), file your ownership transfer documents through the International Bureau instead.
If you need to update contact information for the owner or attorney, update attorney bar information, or revoke or appoint an attorney of record, you can use the Change of Address or Representation form . See the correspondence and attorney/domestic representative forms page for detailed instructions.
Adding, changing, or deleting a filing basis
You may have the option to add, change, or delete a filing basis. This is common for applicants who have a foreign application or registration, and in some cases it's required to move forward in the application process.
If you received a foreign registration for your trademark after you submitted your initial application, you can amend your filing basis to rely on your foreign registration by filing a Petition to Change the Filing Basis After Publication form .
If your application includes an intent-to-use filing basis, you can delete it from one or more goods, services, or classes if they already have an alternate filing basis designated. You can file a Delete Section 1(b) basis form , which is the best option if you're deleting the intent-to-use basis from your entire application. Alternatively, you can include your request to delete the intent-to-use filing basis on your Statement of Use form or on your request for extension of time to file a Statement of Use form .
Also consider whether filing a Request to Divide Application form is right for you. When you divide your application, the goods and services that are in use can move forward in a "child application" and be registered separately. The goods or services that aren't in use can remain on the current application. Dividing your application can be helpful if you have multiple filing bases.
For more information on changing your filing basis after publication, see TMEP section 806.03(j)-(j)(ii) .
Other changes
In limited situations, we may approve a request for another type of change. However, in such cases, your examining attorney may need to reexamine your application. You might receive additional office actions, and your trademark may need to be republished for opposition. To submit a request, file a Petition to Director form .
For detailed rules and procedures on amending your application after your trademark is published, see TMEP section 1505 .
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