Form PTO-1771 Post Publication Amendment

Electronic Response to Office Action and Preliminary Amendment Forms

Post Publication Amendment form April 2007 draft

Post Publication Amendment (TEAS)

OMB: 0651-0050

Document [pdf]
Download: pdf | pdf
PTO Form 1771 (Rev 9/07)
OMB No. 0651-0050 (Exp. 4/2009)

Post Publication Amendment
TEAS - Version 4.1: 01/26/2008
For more information regarding any of the following questions or topics, either go to HELP or click on the underlined word. You may
use the following Post Publication Amendment form only to:
• File a proposed amendment to an application that has already been approved for publication by the examining attorney.
NOTE: Please confirm the status of the application in the USPTO database before attempting to use the form. If the application is not in
the status of “Approved for Publication,” please see whether a different electronic form is the appropriate one for your purpose.
WARNING: Any post publication amendment must be submitted and processed at least twenty (20) days before the scheduled
publication date in the Official Gazette or the registration issue date; otherwise, you must file a Section 7 Request [will link to a new
Section 7 Request form]. For more information about the post publication amendment process, click the appropriate category below:
• Amendment acceptable and no republication of the mark required
• Amendment acceptable but republication of the mark required
• Amendment not acceptable
[link to the following:
Amendment acceptable and no republication of the mark required: The change(s) proposed within the amendment will be entered,
and the mark will continue directly on to the scheduled issue date (or, if the filing basis is §1(b), the issuance of a notice of allowance).
Amendment acceptable but republication of the mark required: A USPTO paralegal specialist will contact you. If you agree to the
republication, the paralegal will enter the amendment and set a new publication date; a new notice of publication will be issued.
Otherwise, the application will proceed on to the scheduled issue date, absent the change(s) submitted within this amendment.
Amendment not acceptable: A USPTO paralegal specialist will provide written notification explaining why the amendment is
unacceptable. If this is a §§1(a), 44 or 66(a) application and no opposition has been filed and a registration certificate has not yet issued,
the only recourse would be to file a petition to the Director requesting that jurisdiction be restored to the examining attorney to consider
the merits of the amendment. 37 C.F.R. §§2.84 and 2.146. Any petition to the Director should be filed within six (6) weeks of the
publication date to ensure that it is timely processed. Thereafter, any requests for amendment must be filed as a Section 7 Request [will
link to a new Section 7 Request form].
If this is a §1(b) application and no opposition has been filed and no Notice of Allowance has issued, the recourse would be to (1)
resubmit a request to amend the application at the time of filing the statement of use; or (2) file a petition to the Director requesting that
jurisdiction be restored to the examining attorney to consider the merits of the amendment. 37 C.F.R. §§2.84 and 2.146. Any petition to
the Director should be filed within six (6) weeks of the publication date to ensure that it is timely processed. Thereafter, any requests for
amendment must be filed as a Section 7 Request [will link to a new Section 7 Request form].

Please answer all of the questions below to create a Post Publication Amendment form showing only sections relevant to you. To have
many of the fields of your form automatically completed using the Trademark Operation's database (based on your original filing), please
enter the serial number of your application. Finally, click on the NEXT button; or, to start over, click on the CLEAR button.
NOTE: Fields containing the symbol "*" must be completed; all other relevant fields should be completed if the information is
known. A declaration will automatically appear at the end of the actual form in appropriate instances, which must be signed if a
"#" symbol precedes a specific item listed on the form by someone who is a "proper party to sign on behalf of applicant" under
Trademark Rule 2.33. If not required, the declaration may simply be left unsigned. However, the information for the Post
Publication Amendment signature section must always be entered.
WARNING: This form has a session time limit of 60 minutes. A session begins once you create and enter the form via the Form
Wizard. If you exceed the 60 minute time limit, the form will not validate and you must begin the entire process again; however,
you can extend the time limit. You are encouraged to have all information required to complete the form available prior to
starting your session.
Help link:
Extend the time limit: The 60-minute period is not an “absolute” period; i.e., you do not have to complete the form, start to finish, within
60 minutes. If the USPTO’s server does not detect any activity at all within 60 minutes, it will end your session at the 60-minute point.
HOWEVER, at 54 minutes into your session, you will receive a pop-up window warning you that your session will expire in six minutes (it
will actually provide the precise “end” time within the window, such as 11:29:14 EST). To “renew” your session, you simply need to click
on the “O.K.” button at the bottom of the pop-up window, and you will automatically get another 60 minute time period. If you do not click
on the button within the remaining six minutes of the session, your session will completely end at the 60-minute mark, and you will be
returned directly to the initial form wizard to start the process again.

* Serial Number:

(required only if preparing a Post Publication Amendment for the first time; if you have already
saved a form, use the option below)

NOTE: You may only use this form if the USPTO database shows the "Current Status" of your application to be “Approved for Publication.”
OR
To access previously-saved data, use the "Browse/Choose File" button below to access the file from your local drive.
NOTE: For detailed instructions on the process for retrieving saved data, please click here. FAILURE TO FOLLOW THESE
INSTRUCTIONS WILL RESULT IN THE DISPLAY OF YOUR DATA IN AN XML FORMAT THAT CANNOT BE

EDITED.
BROWSE/CHOOSE FILE button
1. Do you want to pay an additional fee?

Yes

No

2. Do you want to present arguments as to why the proposed amendment should be accepted?
Yes
No
If the answer is Yes, do you wish to attach evidence?
Yes

No

3. Do you need to ADD a new class of goods and/or services? (Note: If simply CHANGING an existing classification number,
use Question #4, below.)

Yes

No

If the answer is Yes, enter the number of classes:

1

4. Do you need to change/delete an existing classification number; modify listing of goods and/or services; add/modify dates of
use; add/substitute a specimen and/or submit a foreign registration certificate ?

Yes

No

5. Do you want to correct any applicant or entity information?

Yes

No

6. Do you want to modify your mark? (i.e., either change the mark itself or submit a better quality image)
NOTE: While minor changes in the mark are sometimes permitted, any material alteration will NOT be permitted and will

result in a refusal being issued on that ground. If submitting a new mark image, it MUST be in the JPG format (only
attachments in other portions of the form (e.g., specimens, evidence) can be in the PDF format).
Yes
No
If the answer is Yes, do you need to attach a new mark image?
Yes

No

7. Do you want to make any additional statement(s) of record to address a requirement, e.g., a disclaimer, translation, or claim
of a prior registration? [Click link to view full range of possible statements available within this section.]

Yes

No

8. Does more than one applicant own the mark?

Yes

No

If the answer is Yes, enter the number of owners:

1

9. Is an attorney filing this Post Publication Amendment?
NOTE: Answering this question creates the appropriate signature section at the end of the Post Publication Amendment, but
does not allow you to appoint an attorney or change a previously appointed attorney. An "Attorney Section" will NOT appear
in the form if you check "Yes".
Yes

No

10. Do you need to submit a Signed Declaration? (i.e., to support a specific item in the Post Publication Amendment, designated
on the form with a "#" symbol)

Yes
No
If yes, what signature approach do you want to use? Choose one from below.
Sign electronically directly on this Post Publication Amendment form
E-mail Text Form to second party for electronic signature

Handwritten pen-and-ink signature
11. What signature approach do you want to use for the Post Publication Amendment itself? Choose ONE from below.
NOTE: A Post Publication Amendment MUST be signed.
NOTE: Although a possible combination as selected on the form wizard, the following can NOT be used: 1. declaration
signed directly and Post Publication Amendment signed through the e-mail text form approach; and 2. handwritten pen-andink signature for the declaration and Post Publication Amendment signed through the e-mail text form approach.
Sign electronically directly on this Post Publication Amendment form
E-mail Text Form to second party for electronic signature

Clear

Privacy Policy Statement
The information collected on this form allows the USPTO to determine whether a mark may be registered on the Principal or Supplemental Register, and provides notice of an
applicant’s claim of ownership of the mark. Responses to the request for information are required to obtain the benefit of a registration on the Principal register. 15 U.S.C. § 1051
et. seq. and 37 CFR Part 2. All information collected will be made public. Gathering and providing the information will require an estimated 15 minutes (depending if the response is
based on an intent to use the mark in commerce, use of the mark in commerce, or a foreign application or registration). Please direct comments on the time needed to complete
this form, and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450,
Alexandria, VA 22313-1450. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Help Desk | Bug Report | Feedback | TEAS Home | Trademark Home | USPTO
Wed Jan 10 08:24:05 EST 2007

PTO Form 1771 (Rev 9/07)
OMB No. 0651-0050 (Exp. x/200x)

Post Publication Amendment
TEAS - Version 4.1: 1/26/2008

To satisfy legal requirements, the declaration at the end of the Post Publication Amendment form must be signed if a red "#" symbol precedes a
specific item listed on the form, by someone who is a "proper party to sign on behalf of applicant" under Trademark Rule 2.33. If not required,
the declaration may simply be left unsigned. However, the information for the Post Publication Amendment signature section must always be
entered.

i

Important: ONCE A POST PUBLICATION AMENDMENT IS SUBMITTED ELECTRONICALLY, THE OFFICE WILL IMMEDIATELY
PROVIDE THE SENDER WITH AN ELECTRONIC ACKNOWLEDGMENT OF RECEIPT. Please contact [email protected] within 24 hours
of transmission (or by the next business day) if you do not receive this acknowledgment.
Contact Points:
For general trademark information, please e-mail [email protected], or telephone 1-800-786-9199. If you need help in
resolving technical glitches, please e-mail [email protected]. Please include your telephone number in your e-mail, so we can talk to you directly,
if necessary. For status information on an application that has an assigned serial number, use http://tarr.uspto.gov.
NOTE: Do NOT attempt to check status until at least 72 hours after submission of a filing, to allow sufficient time for our databases to be
updated.

* Instructions:
To file the Post Publication Amendment form electronically, please complete the following steps:
1. Fill out all relevant fields. Any field designated with a * symbol must be completed, as it signifies a mandatory field.
2. Validate the form, using the "button" at the end of the form.
3. If the desired signatory is not available to sign the form, to forward the form to the signatory, use either the Text Form option or the
Download Portable Data option. Both options are available from the Validation Page. However, to use the Text Form option, you must first
answer YES to Form Wizard Question #8. When you receive the form back, return to step 2.
4. At the point of final validation, it is critical to confirm that all information is displayed properly immediately before filing, regardless of the
appearance of the data at any point earlier in the process. If any previously-entered image files are now missing, you must re-enter or reattach before final submission. Otherwise, the USPTO will not receive a complete Post Publication Amendment.
5. Click on the Pay/Submit button at the bottom of the Validation Screen. If a fee payment is required, this will allow you to choose from 3
different payment methods: credit card, automated deposit account, or electronic funds transfer. After accessing the proper screen for
payment, and making the appropriate entries, you will receive a confirmation screen if your transmission is successful. This screen will say
SUCCESS! and will provide your assigned serial number.
6. You will receive an e-mail acknowledgement of your submission.

Serial Number
Mark
Law Office Assigned

FEE INFORMATION
PROGRAMMING REQUIREMENT: Follow the same display as used within the existing ROA form, based on whether the application is
currently a TEAS Plus application. I.e., there are two different variations for the fee section, directly tied to whether the current status of the
application is TEAS Plus--- use the existing ROA model for determining which version to display.
0

number of Classes Paid x $325 (per class) for Application fee for TEAS form= $

0

0

number of Classes Paid x $50 (per class) for Fee for failure to satisfy TEAS Plus requirements= $
NOTE: This is NOT the proper choice if you must ADD a class--- you must pay the "Application Fee," above.

Amount TOTAL AMOUNT = $

0

0

I hereby elect to by-pass any fee edit for an added class(es), because I believe the original fee payment was sufficient. I
understand that the examining attorney could still, upon later review, require a fee payment.
NOTE: You may wish not to by-pass this requirement if the examining attorney's office action is a final action.

PROGRAMMING NOTE: Disregard some of the strange coloration, etc.--- it is the result of cutting-and-pasting, and I cannot seem
to eliminate entirely without losing the sections below.

ARGUMENT(S)
Click here to enter argument(s)

EVIDENCE
Evidence File
Click on the 'Browse' button to select JPG/PDF file that contains the evidence from your local drive.
Evidence

WARNING: Submission of an overall Post Publication Amendment as a PDF file is NOT permissible; i.e., do not use
this section, or any other section, of the form to attach a multi-page document consisting of arguments, evidence, revised
identifications of goods/services, additional statements, etc. Any portion of this form that exists for a specific purpose
must be used for that purpose, rather than trying to "shoehorn" a complete form within one PDF file. For complete

requirements concerning PDF files, click here.
WARNING: The file size cannot exceed 3 megabytes per attachment.
0 file(s) attached

Describe what the evidence submitted consists of:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
The 1st
Original
Class

Enter information for the 1st Original Class
Check here to delete the following class of goods/services from your application. If checked, it is not necessary to modify the current
class below.
Check here to modify the current classification number; listing of goods/services; dates of use; and/or filing basis; or to submit a
substitute specimen or foreign registration certificate. If not checked, the changes will be ignored.
Original International Class : 043
043

International Class:
(Enter class number 001- 045, A, B, A & B and 200)
WARNING: To be approved and not require any republication, any amendment must be consistent with the current version of the
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
PROGRAMMING REQUIREMENT: If this is a §66 application, then the classification may not be changed. ERROR: In a §66(a)
application, you may not change the classification assigned by the International Bureau.
Listing of Goods/Services
WARNING: You may only restrict or delete items in the existing identification; adding goods or services or otherwise broadening the
scope of the identification is not permissible.
[NOTE: If attempting to restrict, you must enter only the common commercial name for the specific goods and/or services associated with
the mark. Also, do not include any html or other programming code or language that may create links in the listing of goods and/or
recitation of services]. For more information about acceptable language for the goods and/or services, see the USPTO's on-line Goods
and/or Services Manual.]
Hotel Services

WARNING: To add or substitute a basis to an application that is not the subject of an inter partes proceeding before the Trademark
Trial and Appeal Board, you must petition to the Director to restore jurisdiction of the application to the examining attorney to

consider the amendment. See 37 C.F.R. §2.84(a) (no petition is required if there is an inter partes proceeding). If the Director
grants the petition, and the examining attorney accepts the added/substituted basis, the mark must be republished. In a §66(a)
application, you may change the basis only if you meet the requirements for transformation.
PROGRAMMING REQUIREMENT: If a §66(a) application, then WARNING: You may only change the basis if you meet the
requirements for transformation.
[link to the following, both places:
Transformation: In a §66(a) application, the applicant may change the basis only if the applicant meets the requirements for
transformation under §70(c) of the Act, 15 U.S.C. §1141j(c), and 37 C.F.R. §7.31. 37 C.F.R. §2.35(a). See TMEP §§1904.09 et seq.
[link to http://atlas.uspto.gov:90/tmdb/tmep/1900.htm#_T190409] regarding transformation.
Filing Basis Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or
licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as
amended. NOTE: If the original application was filed under Section 1(b), Intent to Use, this form is not the correct method for now making
use dates of record. You must file an Allegation of Use form.
#Date of First Use of Mark Anywhere by the applicant, or the applicant's
(MM/DD/YYYY)
related company, licensee, or predecessor in interest at least as early as
#Date of First Use of Mark Commerce by the applicant, or the applicant's
(MM/DD/YYYY)
related company, licensee, or predecessor in interest at least as early as
WARNING: To be approved and not require any republication, any amendment to the date(s) of use must be earlier than the date(s)
originally stated. If later, but before the application filing date, republication is required. Dates after the application filing date are not
permissible.
PROGRAMMING REQUIREMENT: The amendment to the dates of use may not be after the original filing date of the application.
ERROR: You may not amend the dates of use to specify a date that is after the filing date of the application.

Specimen File PROGRAMMING REQUIREMENT: This section must function with the same change as the ROA form, namely,
allowing the applicant to submit a substitute specimen when an Amendment to Allege Use has been filed (but NOT approved by the
examining attorney), rather than the form giving an error message that this is not the proper mechanism for providing use
information.
Click on the 'Browse' button to select JPG/PDF file that contains the specimen from your local drive.
WARNING: Submission of an overall Post Publication Amendment as a PDF file is NOT permissible; i.e., do not use this section, or any
other section, of the form to attach a multi-page document consisting of arguments, evidence, revised identifications of goods/services,
additional statements, etc. Any portion of the form that exists for a specific purpose must be used for that purpose, rather than trying to
"shoehorn" a complete form within one PDF file. For complete requirements concerning PDF files, click here.
WARNING: The file size cannot exceed 3 megabytes per attachment.
0 file(s) attached

*#If additional or new specimen(s) is being submitted, check the appropriate statement:
For an application based on Section 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of
the application."
For an application based on Section 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the
Amendment to Allege Use (AAU)."
For an application based on Section 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the
filing deadline for filing a Statement of Use (SOU)."
#Filing Basis Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15
U.S.C. Section 1051(b)).
#Filing Basis Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in

connection with the identified goods and/or services as of the filing date of the application, and asserts a claim of priority based upon a
foreign application. 15 U.S.C. Section 1126(d), as amended.
Note: the USPTO database can only store 12 characters for this field. You should adjust your entry if
possible, eliminating any unnecessary leading 0’s or country abbreviations, for example.

Foreign Application Number
Date of Foreign Filing
Country of Foreign Application

(MM/DD/YYYY)
Select Country

#Filing Basis Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in
connection with the identified goods and/or services as of the filing date of the application, and either attaches a copy of the foreign
registration certificate, and translation thereof, or will submit a copy of the foreign registration/translation before the application may
proceed to registration, in accordance with 15 U. S.C. 1126(e), as amended.

Foreign Registration Number

Note: the USPTO database can only store 12 characters for this field. You should adjust your entry
if
possible, eliminating any unnecessary leading 0’s or country abbreviations, for example.

Foreign Registration Date

(MM/DD/YYYY)

Renewal Date for Foreign

(MM/DD/YYYY)

Registration
Expiration Date of Foreign
(MM/DD/YYYY)
Registration
Select
Country
Country of Foreign Registration
Attach Foreign Registration
WARNING: Submission of an overall Post Publication Amendment as a PDF file is NOT permissible; i.e., do not use this section, or any
other section, of the form to attach a multi-page document consisting of arguments, evidence, revised identifications of goods/services,
additional statements, etc. Any portion of the form that exists for a specific purpose must be used for that purpose, rather than trying to
"shoehorn" a complete form within one PDF file. For complete requirements concerning PDF files, click here.
WARNING: The file size cannot exceed 3 megabytes per attachment.
0 file(s) attached

Check here if the foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e))
includes a claim of standard characters or the country of origin's standard character equivalent.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Enter information for the 1st New Class
WARNING: To add a class to an application that is not the subject of an inter partes proceeding before the Trademark Trial and
Appeal Board, you must petition to the Director to restore jurisdiction of the application to the examining attorney to consider the
amendment. See 37 C.F.R. §2.84(a) (no petition is required if there is an inter partes proceeding). If the Director grants the petition,
and the examining attorney accepts the added class, the mark must be republished. In a §66(a) application, you may add a class only if
you meet the requirements for transformation.

The
1st PROGRAMMING REQUIREMENT: If a §66(a) application, then WARNING: You may add a class only if you meet the requirements
New for transformation.
Class
[link to the following, both places:
Transformation: In a §66(a) application, the applicant may add a class only if the applicant meets the requirements for transformation
under §70(c) of the Act, 15 U.S.C. §1141j(c), and 37 C.F.R. §7.31. 37 C.F.R. §2.35(a). See TMEP §§1904.09 et seq. [link to
http://atlas.uspto.gov:90/tmdb/tmep/1900.htm#_T190409] regarding transformation.

*International Class:

(Enter class number 001- 045, A, B, A & B and 200)

* Listing of Goods/Services [NOTE: Do not enter a Class or any other code in the field below. You must enter only the common commercial
name for the specific goods and/or services associated with the mark. Also, do not include any html or other programming code or language

that may create links in the listing of goods and/or recitation of services]. For more information about acceptable language for the goods and/or
services, see the USPTO's on-line Goods and/or Services Manual.

Filing Basis Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee
is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. NOTE: If
the original application was filed under Section 1(b), Intent to Use, this form is not the correct method for now making use dates of record. You
must file an Allegation of Use form.
#Date of First Use of Mark Anywhere by the applicant, or the applicant's
(MM/DD/YYYY)
related company, licensee, or predecessor in interest at least as early as
#Date of First Use of Mark Commerce by the applicant, or the applicant's
(MM/DD/YYYY)
related company, licensee, or predecessor in interest at least as early as
WARNING: Dates after the application filing date are not permissible.
PROGRAMMING REQUIREMENT: The new dates of use may not be after the original filing date of the application.
ERROR: You may not specify a date that is after the filing date of the application.

Specimen File
Click on the 'Browse' button to select JPG/PDF file that contains the evidence from your local drive.
WARNING: Submission of an overall Post Publication Amendment as a PDF file is NOT permissible; i.e., do not use this section, or any other
section, of the form to attach a multi-page document consisting of arguments, evidence, revised identifications of goods/services, additional
statements, etc. Any portion of the form that exists for a specific purpose must be used for that purpose, rather than trying to "shoehorn" a
complete form within one PDF file. For complete requirements concerning PDF files, click here.
WARNING: The file size cannot exceed 3 megabytes per attachment.
0 file(s) attached

Describe what the specimen submitted consists of:

Amendment to Allege Use (AAU)."
For an application based on Section 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing
deadline for filing a Statement of Use (SOU)."
#Filing Basis Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or
licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C.
Section 1051(b)).
#Filing Basis Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in

connection with the identified goods and/or services as of the filing date of the application, and asserts a claim of priority based upon a foreign
application. 15 U.S.C. Section 1126(d), as amended.
Note: the USPTO database can only store 12 characters for this field. You should adjust your entry if
possible, eliminating any unnecessary leading 0’s or country abbreviations, for example.

Foreign Application Number
Date of Foreign Filing
Country of Foreign Application

(MM/DD/YYYY)
Select Country

#Filing Basis Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in
connection with the identified goods and/or services as of the filing date of the application, and either attaches a copy of the foreign registration
certificate, and translation thereof, or will submit a copy of the foreign registration/translation before the application may proceed to
registration, in accordance with 15 U. S.C. 1126(e), as amended.

Foreign Registration Number

Note: the USPTO database can only store 12 characters for this field. You should adjust your entry
if
possible, eliminating any unnecessary leading 0’s or country abbreviations, for example.

Foreign Registration Date
(MM/DD/YYYY)
Renewal Date for Foreign
(MM/DD/YYYY)
Registration
Expiration Date of Foreign
(MM/DD/YYYY)
Registration
Select
Country
Country of Foreign Registration
Attach Foreign Registration
WARNING: Submission of an overall Post Publication Amendment as a PDF file is NOT permissible; i.e., do not use this section, or any other
section, of the form to attach a multi-page document consisting of arguments, evidence, revised identifications of goods/services, additional
statements, etc. Any portion of the form that exists for a specific purpose must be used for that purpose, rather than trying to "shoehorn" a
complete form within one PDF file. For complete requirements concerning PDF files, click here.
WARNING: The file size cannot exceed 3 megabytes per attachment.
0 file(s) attached

Check here if the foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e))
includes a claim of standard characters or the country of origin's standard character equivalent.

APPLICANT AND ENTITY INFORMATION
The 1st
Check here to modify the current applicant information. If not checked, the changes will be ignored.
Original Note: If this change relates to a change in the correspondence address or e-mail, please use the Change of Correspondence Address Form.
Applicant

Name

Street Address

[If an individual, use the following format: Last Name, First Name Middle
Initial or Name, if applicable]
Note: If the owner has actually changed, it is not sufficient simply to "modify" the information. First, you must file an actual change of
name document/assignment and recordation form PTO-1594. Second, once the new owner information has been recorded, you should
delete the pre-populated information and enter all of the new owner information. The owner name should be followed by the assignment
information (e.g., XYZ Corporation (by assignment, reel ___ frame ____).

NOTE: You must limit your entry here, and for all remaining fields within this overall section, to no more than 40 characters (the storage limit for the
USPTO database). You may need to abbreviate some words, e.g., St. instead of Street. Failure to do so may result in an undeliverable address, due
to truncation at the 40 character limit.

Internal Address
City
Select State

State
If not listed above, please select "OTHER" and specify here:
Zip/Postal Code
Country or U.S.
Territory

Select Country or U.S. Territory

While the application may list an e-mail address for the applicant, applicant's attorney, and/or applicant's
Internet domestic representative, only one e-mail address may be used for correspondence, in accordance with Office
E-mail policy. The applicant must keep this address current in the Office's records.

Check here to authorize the USPTO to communicate with the applicant or its representative via e-mail.
NOTE: By checking this box, the applicant acknowledges that it is solely responsible for receipt of USPTO documents sent via e-mail. The
applicant should periodically check the status of its application through the Trademark Applications and Registrations Retrieval (TARR)

database, to see if the assigned examining attorney has e-mailed an Office Action. If an action has been sent to the provided e-mail
address, the USPTO is not responsible for any e-mail not received due to the applicant's security or anti-spam software, or any problems
within the applicant's e-mail system.

Phone Number
Fax Number
Click on the one appropriate circle to indicate the applicant's entity type and enter the corresponding
information.
Entity Type PROGRAMMING REQUIREMENT: This section must be changed to match the approach of the TEAS
Plus/BAS form, so that the “right” side information ONLY is displayed once a specific choice is made on
the “left” side.
Country of Citizenship
Select Country

Individual

Note: You may correct an error or omission in the original listing. However, if the State/Country of Incorporation has actually changed, you
should file an assignment document form PTO-1594.

State or Country of Incorporation
Select State

Corporation

OR

Select Country

Note: You may correct an error or omission in the original listing. However, if the State/Country of Incorporation has actually changed, you
should file an assignment document form PTO-1594.

State or Country Where Organized
Select State

Partnership
Limited Partnership
Joint Venture
Sole Proprietorship

OR

Select Country

Note: You may correct an error or omission in the original listing. However, if the State/Country of Incorporation has actually changed, you
should file an assignment document form PTO-1594.

Name and Citizenship of All General Partners,
Active Members, Individual, Trustees, or Executors (if applicable)

Trust
Estate
Note: If the name has actually changed, you may not do a "correction". You should file an actual change of name document.
Note: If this change relates to a change in the correspondence address or e-mail, please use the Change of Correspondence Address Form.

Other

Specify Entity Type

Select Foreign Entity

If not listed above, please select "Other" from the list and specify here:
State or Country Where Organized
Select State

OR

Select Country

Note: You may correct an error or omission in the original listing. However, if the State/Country of Incorporation has actually changed, you
should file an assignment document form PTO-1594.

Name and Citizenship of All General Partners,
Active Members, Individual, Trustees, or Executors (if applicable)

PROGRAMMING REQUIREMENT: For the MARK section immediately below (the result of an answer of YES and then NO within the
question “Do you want to modify your mark?”), the form must function in the same manner as TEAS Plus/BAS, i.e., to accept the COMPLETE
standard character set.
PROGRAMMING REQUIREMENT: If this is a §66 application, then the mark may not be changed. ERROR: You may not change the mark
in a §66(a) application.
MARK
NOTE: While minor changes in the mark are sometimes permitted, any material alteration will NOT be permitted and will result in the
amendment not being accepted.
If you have read and understood the above notice, you must check the box before you enter the proposed new mark.
Use this section if you wish to modify a word(s), letter(s), and/or number(s) with no design element and without claim to any
particular font style, size or color.
Add/Modify the Standard Characters mark here: (Note: The entry can be in capital letters, lower case letters, or a combination
Standard Characters thereof.)
MY MARK

“Do you want to modify your mark?”), the display is to be consistent with the MARK section within TEAS Plus/BAS [which is what is shown
here].
PROGRAMMING REQUIREMENT: If this is a §66 application, then the mark may not be changed. ERROR: You may not change the mark
in a §66(a) application.
MARK
NOTE: While minor changes in the mark are sometimes permitted, any material alteration will NOT be permitted and will result in the
amendment not being accepted.
If you have read and understood the above notice, you must check the box before you enter the proposed new mark.
Click on the "Browse/Choose File" button to select a properly-sized JPG image file (the only accepted format) from your local drive. This image should
show the mark exactly as you would wish the mark to appear on your registration certificate, if the mark registers. If you are claiming color, you must
submit a color image; otherwise, the image must be clear black-and-white. After the file name appears in the window, click on the "Attach" button to
upload the file into the application. A "thumbnail" version of the image will then display directly within the form.
NOTE: The image files for, respectively, the mark and the specimen (if filing under Section 1(a), use in commerce, and showing actual use in commerce of the mark at the time of this filing)
should NOT be the same files (or, even if different files, should not display essentially the exact same thing). The mark image file should ONLY show the mark by itself, and not a
representation of how the mark is used on the overall packaging for the goods or within an advertisement for services, for example. On the other hand, an image file that shows the complete
package for the goods or a full advertisement for the services, with the mark clearly displayed thereon or within, would be an appropriate attachment for a specimen in the later "basis"
section of the form (which only appears where a Section 1(a) filing basis is being claimed).
NOTE: The attached image should ONLY show the mark by itself, and should NOT be a representation of how the mark is or may be used, e.g., on the overall packaging for the goods or
within an advertisement for services. Except in rare circumstances, the attached image should not be the same as the specimen image file (when filing under basis Section 1(a), use in
commerce).

For any image that also includes a word(s), letter(s), and/or number(s), enter the LITERAL ELEMENT only of the mark here:
NOTE: Do NOT enter any word(s), letter(s), or number(s) that do not appear in the attached image; the image file must reflect the overall mark, consisting of the design and the word(s),
letter(s), and or number(s).

* If claiming color as a feature of the mark, list the colors below, including black and/or white if actual "colors" within the mark (e.g., enter red, white,
and blue). Do NOT include as part of the entry either the words "The color(s)" or a final period, because that introductory wording and the punctuation
will automatically be added after validation; otherwise, the overall entry will have improper repetitions. Also, begin the entry with a lower-case, NOT an
upper-case, letter. (Required for color marks only.)

Check this box if you are NOT claiming color as a feature of the mark. NOTE: Check only if you believe your image is black-and-white, yet you
received after clicking the "CONTINUE" button a WARNING about color within the mark (perhaps because the image consists of too much grayscale);
otherwise, do not check this box, because the attached image was automatically accepted as black-and-white.

* Enter description of mark below, and if a color mark, also include the nature and location of the color; i.e., you should specifically state where each
color is located within the mark.
The mark consists of:

NOTE: A description of the mark is required for ALL marks that are in a special form (i.e., for any mark not in standard characters). You must enter a description even if what the mark
represents is immediately clear, e.g., "The letter C." Also, for any color mark, the description of the mark must include the nature and location of the color; i.e., you must specifically state
where each color is located within the mark, e.g., "A bird with a red body, blue wings, and yellow beak."
NOTE: Do NOT include as part of the description either the words "The mark consists of" or a final period, because that introductory wording and the punctuation will automatically be
added after validation; otherwise, the overall description will have improper repetitions. Also, begin the entry with a lower-case, NOT an upper-case, letter.

ADDITIONAL STATEMENT(S)
To select a statement, enter any required information specific to your mark (or, if no information must be entered, check the box in front of the existing
statement to select it). If you make an entry, but then determine it was not correct and no additional statement should appear, you must return to the
original form wizard and answer NO to the question about an additional statement. Otherwise, if one additional statement exists, but a second entry
was made in error, simply remove the entry from the statement that you do not wish to use.
Note: Although a declaration will automatically appear at the end of this form, it must be signed only if the Additional Statement selected is
either Section 2(f) based on use, or Section 2(f), in part, based on use (or if required by another section of this form).
WARNING: To DELETE any statement currently of record, you must petition to the Director to restore jurisdiction of the application to the
examining attorney to consider the amendment. See 37 C.F.R. §2.84(a). The amendment itself may be proposed by entering the request in
the miscellaneous statement section, below. Approval of some amendments, for example, removal of a disclaimer, may require republication.
PROGRAMMING REQUIREMENT: the display must be changed to be consistent with the ADDITIONAL STATEMENT(S) section within
TEAS Plus/BAS [which is NOT the approach shown below].
DISCLAIMER: "No claim is made to the exclusive right to use

apart from the mark as shown."

STIPPLING AS A FEATURE OF THE MARK: "The stippling is a feature of the mark."
STIPPLING FOR SHADING: "The stippling is for shading purposes only."
PRIOR REGISTRATION(S): "Applicant claims ownership of U.S. Registration Number(s)

and others."

NOTE: Entry must not include any commas, and must be 7 numerals long (if necessary, add leading 0's to number, e.g., 0086417).

§2(f), based on Evidence: "The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. "
0 file(s) attached

TRANSLATION: "The foreign wording in the mark translates into English as
TRANSLITERATION: "The non-Latin character(s) in the mark transliterates into

."
, and this means

in English."

SIGNIFICANCE OF WORDING, LETTER(S), OR NUMERAL(S):
"
application."

appearing in the mark means or signifies

in the relevant trade or industry or as applied to the goods/services listed in the

"
appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the
application, no geographical significance, nor any meaning in a foreign language."
Section 2(f), based on Use: "The mark has become distinctive of the goods/services through the applicant's substantially exclusive and
continuous use in commerce for at least the five years immediately before the date of this statement."
#

Section 2(f), based on Prior Registration(s): "The mark has become distinctive of the goods/services as evidenced by the ownership on the
Principal Register for the same mark for related goods or services of U.S. Registration No(s).

."

#Section 2(f), IN PART, based on Use: "
has become distinctive of the goods/services through the applicant's substantially
exclusive and continuous use in commerce for at least the five years immediately before the date of this statement."

Section 2(f), IN PART, based on Prior Registration(s): "

has become distinctive of the goods/services as evidenced by the

ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s).
§2(f), IN PART, based on Evidence: "

."

has become distinctive of the goods/services, as demonstrated by the attached evidence. "

0 file(s) attached

NAME(S), PORTRAIT(S),SIGNATURE(S) OF INDIVIDUAL(S):
"The name(s), portrait(s), and/or signature(s) shown in the mark identifies

, whose consent(s) to register is submitted."

0 file(s) attached

"The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual."
SUPPLEMENTAL REGISTER: "The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words
'Principal Register' to 'Supplemental Register')."
The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use
in commerce, making conversion to the Supplemental Register permissible.
CONCURRENT USE: Enter the appropriate concurrent use information, e.g., specify the goods and the geographic area for which registration is
sought.

MISCELLANEOUS STATEMENT: Enter information here ONLY if required in the Post Publication Amendment and no other section of the

form is appropriate. If you wish to DELETE a statement previously submitted, you may indicate that here through an instruction. E.g., "Please delete
the disclaimer currently of record."

0 file(s) attached

SIGNATURE(S)

i

The declaration (if required) and Post Publication Amendment signature section will not be "signed" in the sense of a traditional paper document.
The signatory must enter any alpha/numeric character(s) or combination thereof of his or her choosing, preceded and followed by the forward
slash (/) symbol. The USPTO does not determine or pre-approve what the entry should be, but simply presumes that this specific entry has been
adopted to serve the function of the signature. Most signatories simply enter their names between the two forward slashes, although acceptable
"signatures" could include /john doe/; /jd/; or /123-4567/.

#DECLARATION SIGNATURE
Note: A signed declaration is required if a "#" symbol precedes a specific item listed on the form. The declaration must be signed by someone
who is a "proper party to sign on behalf of applicant" under Trademark Rule 2.33. If not required, the declaration may simply be left
unsigned. However, the information for the Post Publication Amendment signature section must always be entered.

I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I
understand that the examining attorney could still, upon later review, require a signed declaration.
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention
to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods
and/or services as of the filing date of the application. 37 C.F.R. §§ 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking
registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services
listed in the application as of the application filing date. 37 C.F.R. §§ 2.34(a)(1)(i). The undersigned, being hereby warned that willful false
statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false
statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to
execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to
be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in
commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in

commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the
goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted
unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all
statements in the original application and this submission made on information and belief are believed to be true.

Programming Requirement: For the specific Signature field below, the help should read:
Declaration Signature
The appropriate person must sign the Declaration by personally keying in the combination of alpha numeric characters of the
signatory’s own choosing, preceded and followed by the forward slash symbol (/); e.g., /rdr/ or /127/ or /jane smith/). This should not
be keyed in by someone else on behalf of the proper signatory. If there are joint or multiple applicants, or if it is corporate policy to
have two or more officers sign for one applicant, each must sign and provide the relevant information.
*Signature

*Date Signed

(MM/DD/YYYY)

*Signatory's Name
*Signatory's Position
NOTE: Enter the appropriate title. If an individual, enter "Owner." If an attorney, enter "Attorney of record."
*POST PUBLICATION AMENDMENT SIGNATURE
*You must click one of the three buttons, below, to confirm that you are authorized pursuant to the rules governing representation of others before the
USPTO to sign this Post Publication Amendment. 37 C.F.R. Part 10.
Unrepresented Applicant: I hereby confirm that
•
•

No authorized attorney or Canadian attorney/agent represents me in this matter, and that I am either (1) the applicant or (2) a person(s) with
legal authority to bind the applicant; and
If an authorized U.S. attorney or Canadian attorney/agent previously represented me in this matter, either I have filed a signed revocation of
power of attorney with the USPTO or the USPTO has granted the request of my prior representative to withdraw.

ADVISORY: You may click this first button only if you are the applicant or legally authorized to bind the applicant, e.g., an officer of the applicant
corporation or association, or a general partner of the applicant partnership. See TMEP §§712.01 et seq.
Authorized U.S. Attorney: I hereby confirm that

•
•
•

I am an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia,
Puerto Rico, and other federal territories and possessions; and
I am currently the applicant's attorney or an associate thereof; and
To the best of my knowledge, if prior to my appointment another U.S. attorney or a Canadian attorney/agent not currently associated with my
company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or
substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant
has filed a power of attorney appointing me in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a
power of attorney appointing me as an associate attorney in this matter.

Authorized Canadian Attorney/Agent: I hereby confirm that
•
•
•

I am a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment
and Discipline to represent Canadian applicants before the USPTO; and
I am currently the applicant's Canadian attorney/agent, or an associate thereof; and
To the best of my knowledge, if prior to my appointment another Canadian attorney/agent or a U.S. attorney not currently associated with my
company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or
substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant
has filed a power of attorney appointing me in this matter; or (4) the applicant's appointed Canadian attorney/agent or U.S. attorney has filed a
power of attorney appointing me as an associate attorney in this matter.
ADVISORY: Foreign attorneys (other than authorized Canadian attorneys/agents) cannot sign this post publication amendment and are
prohibited from representing an applicant before the USPTO in trademark matters.

[ ] Check here if you are filing a Notice of Appeal in conjunction with this Post Publication Amendment.
NOTE: A Notice of Appeal is a different form that you must file separately to preserve your right to appeal the final refusal, if appropriate.
See http://estta.uspto.gov/). If you file a Notice of Appeal concurrently with a Post Publication Amendment, your application will be
referred to the Trademark Trial and Appeal Board for processing of the appeal. The Board will (1) acknowledge the appeal; (2) suspend
further proceedings with respect to the appeal (including the applicant’s time to file an appeal brief; and (3) remand the application to the
examining attorney for review of the Post Publication Amendment. TMEP §715.04; TBMP §1204.
For the specific Signature field below, the help should read:
Post Publication Amendment Signature
The appropriate person must sign the Post Publication Amendment by personally keying in the combination of alpha numeric
characters of the signatory’s own choosing, preceded and followed by the forward slash symbol (/); e.g., /rdr/ or /127/ or /jane
smith/). This should not be keyed in by someone else on behalf of the proper signatory. If there are joint or multiple applicants, or if

it is corporate policy to have two or more officers sign for one applicant, each must sign and provide the relevant information.
*Signature

*Date Signed

(MM/DD/YYYY)

*Signatory's Name
*Signatory's Position
NOTE: Enter the appropriate title. If an individual, enter "Owner." If an attorney, enter "Attorney of record."

Click on the desired action:
The "Validate Form" function allows you to run an automated check to ensure that all mandatory fields have been completed. You will receive an
"error" message if you have not filled in one of the fields that are considered mandatory. For other fields that the USPTO believes are important, but
not mandatory, you will receive a "warning" message if the field is left blank. This warning is a courtesy, if non-completion was merely an oversight. If
you so choose, you may by-pass that "warning" message and validate the form (however, you cannot by-pass an "error" message).
Note: To print the completed Post Publication Amendment, in whole or in part, download and save the validated post publication amendment, or
electronically submit the Post Publication Amendment to the USPTO, click on the Validate Form button.

Privacy Policy Statement
The information collected on this form allows the USPTO to determine whether a mark may be registered on the Principal or Supplemental Register, and provides notice of an applicant’s
claim of ownership of the mark. Responses to the request for information are required to obtain the benefit of a registration on the Principal register. 15 U.S.C. § 1051 et. seq. and 37 CFR
Part 2. All information collected will be made public. Gathering and providing the information will require an estimated 15 minutes (depending if the response is based on an intent to use the
mark in commerce, use of the mark in commerce, or a foreign application or registration). Please direct comments on the time needed to complete this form, and/or suggestions for reducing
this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. Please note that the USPTO may
not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Help Desk | Bug Report | Feedback | TEAS Home | Trademark Home | USPTO

Additional Programming Requirements:

1. Use of the PPA form requires the application specifically to be in the status of “Approved for Publication.”
Otherwise, ERROR: You may not file a Post Publication Amendment. Filing is only appropriate where the current
status is “Approved for Publication.” Please see if a different TEAS form is appropriate for your purpose.
2. Use of the PPA form requires that the date of the attempt to use the form be no more than ___ days after the date
of publication. [We are still waiting to get the actual # of days from Program Control]. Otherwise, ERROR: You may
not file a Post Publication Amendment, because it is now too close to the scheduled publication date or registration
issue date.
3. Backend processing Note: This has NOT been finalized yet. We are working with the TTAB to get more details, and
will provide as soon as available.
4. The INPUT TABLE and TEXT FORM should match what we are currently using for the ROA form, with the proper
change of title to “Post Publication Amendment.”
5. Additional TICRS/TDR information:
Doc Type
PPA

20 character
Post Pub Amendment

40 character
Post Publication Amendment

Incoming


File Typeapplication/pdf
File TitleMicrosoft Word - Post Publication Amendment form April 2007 draft.doc
File Modified2007-12-04
File Created2007-11-26

© 2024 OMB.report | Privacy Policy