QUESTION

Can I file an amendment to my original application or do I have to file a new application?

Asked on May 01st, 2013 on Patents - Utah
More details to this question:
I filed a trademark application with the uspto a couple months ago. Since I filed I changed my company logo a little bit and would like to add a couple categories to my application.
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2 ANSWERS

Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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You can file amendments, but the kind you are looking to file are probably not going to be allowed. You are probably better off just filing another application with the new logo listing all your goods and services.
Answered on May 02nd, 2013 at 4:25 PM

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Section 1402.06 below, from the TMEP (Trademark Manual of Examination Procedure) available online apparently answers your question(s). Regards, dan 1402.06 Amendments Permitted to Clarify or Limit Identification Trademark Rule 2.71(a), 37 C.F.R. 2.71(a), restricts amendments to the identification of goods or services as follows, "The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services." This rule applies to all applications. Section 7(c) of the Trademark Act, 15 U.S.C. 1057(c), provides that filing an application for registration on the Principal Register establishes constructive use and nationwide priority contingent on issuance of the registration (see TMEP 201.02). Therefore, the identification of goods and services in an application defines the scope of those rights established by the filing of an application for the Principal Register.
Answered on May 02nd, 2013 at 4:25 PM

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