Amending Your Trademark Application

Amending Your Trademark Application

by | Jun 18, 2021 | All Up In Yo' Business, Trademarks

So you submitted your trademark application with the United States Patent and Trademark Office and you’re excited (yay! Go you!).

Then you realize, “Oh shoot! I’ve made a mistake.” Maybe you didn’t include all the appropriate classes of goods/services, or maybe you’ve changed your mind about how you want the trademark to look. Now you find yourself having to fix this, and you can – potentially. Amending your trademark application depends on the circumstances, of course. Sometimes you can make changes to your trademark application easily. But sometimes you can’t.

How to Amend a Trademark Application

In many instances, amending your trademark application can be done by using the Voluntary Amendment Not in Response to USPTO Office Action form. You can also request amendments to your trademark in a Response to Office Action form if the examining attorney has issued an Office Action.

What Can Be Amended?

You can easily amend your mailing address and other contact information at pretty much any stage of the application process. Other changes, however, may not be so easy. Want to amend the actual trademark itself? That’s going to depend. As stated in §807.13 of the Trademark Manual of Examining Procedure, an applicant may amend the description or drawing of the mark only if:

  1. The specimens filed support the proposed amendment; and
  2. The proposed amendment does not materially alter the mark.

Want to amend the goods/services descriptions? Again, that’s going to depend. It is permitted to amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.

Tune in to this week’s episode of All Up In Yo’ Business to learn more about making amendments or changes to your trademark application. And be sure to subscribe to our YouTube channel for more All Up In Yo’ Business! 

Want more information on business? Check out: Sole Proprietorship vs LLC: Which One?




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