US Patent and Trademark Office Considering Proposal to Allow Amendments to Trademark Identifications Due to Technological Changes

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The US Patent and Trademark Office (USPTO) is currently considering a proposal to allow amendments to the identifications of goods/services in a trademark registration because of technological changes in how the goods/services are offered to the public. Amendments would be granted only where the underlying content or subject matter of the goods/services has not changed. The full proposal is available here. The USPTO is seeking public comment on the proposal through November 3. Interested parties should send their comments to TMPolicy@uspto.gov with the subject line "Technology Evolution."

Executive Summary -

In most cases, a trademark registration can be amended for good cause provided that the amendment does not materially alter the character of the mark. Currently, a registration owner can file an amendment to the identification of goods/services in order to restrict the identification or to change it in ways that would not require republication of the mark. However, a registration cannot be amended to add goods/services.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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