Amending my US Trademark

The time frame for filing a US trademark is 6-12 months. In this time you may decide that you want to make slight changes to your mark or even change it all together!

The USPTO provides that changes to a mark are either minor or a material change. Material changes are not permissible. For example, if you have filed an application to trademark just the words of your trademark but then a couple of months later want to add a logo to your trademark, this will NOT be permitted. It would be considered a material change. To add the logo you would have to file and make the payment again!  Minor changes can be done. For example, if you have a logo with a letter ‘O’ which is surrounded with small lines from all sides but then want to amend it to just a plain letter ‘O,’ this is considered a minor change and likely to be permissible.

An amendment can be submitted online through the website and by filing through the Trademark Electronic Application System. Once you are in the voluntary amendment form it will allow you to submit a better quality drawing of your mark or a change of the mark whether it be minor or material. The amended mark you wish to amend will have to be in JPG format and attached to the application.

Once the voluntary amendment application is complete it has to be signed by the applicant or the appointed US licensed attorney. If you have appointed a US licensed attorney to file your application and then wish to file a voluntary amendment form, this will have to be signed by your attorney. In the event that these requirements are not met, the examining attorney at the USPTO will NOT accept your voluntary amendment application.

There is no fee to amend your mark but if not done correctly it can be time consuming and delay the time in which you receive your official trademark registration. It is important to be  sure of the trademark you want and its appearance before you file the application. Amendments are permitted upon review of the examining attorney at the USPTO.

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