Form PTO-1597 Section 7 Request

Trademark Post Registration

0651-0055 PTO-1597 Section 7 Request

Section 7 Request (Private Sector)

OMB: 0651-0055

Document [docx]
Download: docx | pdf

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PTO-1597
Approved for use through xx/xx/20xx. OMB 0651-0055
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number


Section 7 Request

TEAS - Version 7.6


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 Section 7 Request form only to request:

  • Correction of an immaterial error in a registration that was the fault of the USPTO, or which occurred in good faith through the owner/holder of the registration;

  • Amendment "for good cause" of a registration; or

  • A new registration certificate if a new owner/holder exists.


WARNING: You may not request, using this form, the correction of a USPTO error that would result in a material change to the registration. See TMEP § 1609.10(a) for information on correcting a USPTO error that would materially change the registration. Also, if the original filing basis was Section 66(a), you may not use this form to amend any owner/holder information. Changes in ownership must be directed to the International Bureau.
NOTE: Because original and certified copies of certificates of registration are not required for Section 7 requests, owners/holders may use this electronic form without separate submissions. All original and certified copies are scanned into the USPTO database and then discarded; accordingly, owners/holders are advised not to submit them.

Please answer all of the questions below to create a Section 7 Request form showing only sections relevant to you. You must answer each question carefully, since the displayed form will correspond directly to the information provided.

TIMEOUT WARNING: You're required to log back in after 30 minutes of inactivity. This ensures the USPTO complies with mandatory federal information security standards and protects user information. After 25 minutes of inactivity, you will be prompted to continue your session. If you do not continue within 5 minutes, the session will end, you will be logged out of your USPTO.gov account, and you will lose any unsaved data in the form. Please have all of your information ready before you start.

Required fields are indicated with an asterisk (*).


STEP 1: You may only use this form if the USPTO system shows that the mark is registered and the registration is currently "active."


STEP 2: Enter registration number or access saved form:

* Registration Number:

Shape1  (required only if preparing a Section 7 Request for the first time; if you have already saved a form, use the option below)  
WARNING: Be sure you are entering a registration number and NOT a serial number.

     OR

To upload a previously saved form file, first review the TEAS Help instructions for accessing previously saved data and then use the "Browse..." button below to access the form file saved on your computer. WARNING: Failure to follow the TEAS Help instructions will result in the inability to edit your data.




A correction or amendment under Section 7 of the Trademark Act only affects information appearing on the certificate of registration. If the information being corrected or amended is not on the certificate, it is not processed as a correction or amendment under this section.

A request to correct a registration may be submitted to correct immaterial errors on the certificate, whether caused by the owner/holder or the USPTO. A request to amend a registration may be submitted to request immaterial changes to the mark and/or other information on the registration certificate.
NOTE: The correction of a USPTO error that would result in a material change to the registration may not be requested through this form. See TMEP § 1609.10(a) for information on correcting a USPTO error that would materially change the registration.

To satisfy legal requirements, the declaration at the end of the Section 7 request form must be signed by the owner/holder of the registration or someone who is properly authorized to sign on the owner's/holder's behalf.



CONTACT:
For 
general trademark information or help navigating the forms, email [email protected], or telephone 1-800-786-9199 (press 1).

If you need help resolving 
technical glitches, email [email protected]. Please include in your email your phone number, serial or registration number, and a screenshot of any error message you may have received.

Status Check:

The status of the filing is available in the 
Trademark Status & Document Retrieval System (TSDR)72 hours after filing.


Instructions:
To file the Section 7 Request form electronically, please complete the following steps:

  1. Fill out all fields for which information is known. Fields with a * symbol are mandatory for filing purposes and must be completed.

  2. Sign the response form on the Signature Page. If the desired signatory is not available to sign the application, there are three options available:

    1. To electronically forward the Signature Page to the signatory, use the Text Form option on the Signature Page for an electronic signature.

    2. To mail or fax to the signatory, use the Handwritten pen-and-ink signature option on the Signature Page for the traditional "pen-and-ink" signature.

    3. To electronically save the form, use the Save Form option on the Validation Page.

  3. Validate the form by selecting the "Continue" button on the Signature Page.

  4. On the Validation Page, 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.

  5. Click on the Pay/Submit button at the bottom of the Validation Page. 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. Access the proper screen for payment, and make the appropriate entries. If your transmission is successful, you will receive a SUCCESS! Page.

  6. An email acknowledging receipt of the submission (a filing receipt) will be sent to the Primary Email Address for Correspondence.


Registration Number


Mark


Owner/Holder Information





Email Address: 

Attorney
Information





Email Address: 

Primary Email Address
for Correspondence

Warning: This is the email address currently of record in the USPTO database. If it is not the email address of either the appointed attorney, if any, otherwise the owner, it must be updated.


Secondary Email Address(es)
(Courtesy Copies)




Updates to the owner's/holder's and appointed attorney's address(es) can be made within this form. If no attorney is appointed, the owner's/holder's email address is the Primary Email Address for Correspondence.

STEP 3: If preparing a new request form, carefully answer each question below to build the appropriate form.

1. Do you want to amend your mark?

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 (whereas other image attachments may be in either the JPG or PDF format).
NOTE: Effective June 21, 2012, where an amendment involves a change in the mark, a new specimen must be provided for each class of goods/services/collective membership organization in a multiple class registration.
WARNING: If you are proposing an amendment to your mark, you must also consider whether you should request conforming amendments to any other information in the registration affected by the proposed amendment, by answering Question #2, below, as YES.


Shape2  Yes Shape3 No

2. Do you want to correct or change any additional statement(s) about the mark that appear(s) on the registration certificate, e.g., a disclaimer, translation, or claim of a prior registration? [Click link to view full range of possible statements available within this section.]

NOTE: If you wish for any reason to attach a file within this form, you must do so within the "miscellaneous statement" portion of the additional statement section, which allows for both free-entry of text and/or a jpg/pdf attachment.


NOTE: You may use this form to correct a mistake(s) in a registration due to an error by the USPTO or the owner/holder of the registration that does not result in a change that would require republication; e.g., a correction to add a statement that published correctly, but was then inadvertently omitted from the registration certificate, or correction of a typographical error in a statement printed on the registration. See TMEP § 1609.10(a) for information on correcting a USPTO error that would materially change the registration.


Shape4  Yes Shape5  No


3. Do you need to correct/change an existing classification number; correct/delete items in the identification goods/services/the nature of the collective membership organizationdelete a class entirely; and/or correct/modify dates of use?

Shape6  Yes Shape7 No

4. Do you need to correct information pertaining to the basis for filing/registration of the mark?


Shape8  Yes Shape9  No

STEP 4: If you have confirmed that the answers to the above questions are correct, click on the "Continue" button.



EXPLANATION OF FILING

NOTE: You must include as part of this filing the background information and detailed facts explaining the reason for this request, namely: (1) whether the request is for a correction, an amendment, or a new certificate due to new ownership; and (2) the exact nature of the requested change, even if data related to that change is provided elsewhere within the form. NOTE: If requesting a correction, within the detailed facts you must either specifically: (1) allege USPTO error; or (2) acknowledge owner/holder error and explain how the error occurred in good faith. The declaration that will appear at the end of this form must be signed if you are requesting an amendment or a correction due to owner/holder error. If requesting a new certificate, you must explain the new ownership.





Owner/Holder Information

Instructions:
Update the mailing address, if needed. The address entered on this page is publicly viewable in the USPTO's TSDR database and is presumed to be the owner's/holder's domicile.

* Name

Shape10
If the correct name does not appear in the box above, before filing you must: (1) submit a change of name document/assignment and recordation form if you have not previously done so; (2) delete the name that appears immediately above; and (3) type in the name of the current owner/holder of the registration. NOTE: If an individual, use the following format: Last Name, First Name Middle Initial or Name, if applicable. Registrations with Multiple Owners: You must follow steps (1)-(3) and additionally select the radio button above (top) that appears to the left of the words "Select this button to modify the current owner/holder information."

Shape11  DBA (doing business as) Shape12  AKA (also known as)
Shape13  TA (trading as) Shape14  Formerly

Shape15

* Entity Type

Shape16  Individual


Shape17  Corporation

Shape18  Limited Liability Company

Shape19  Partnership

Shape20  Limited Partnership

Shape21  Joint Venture

Shape22  Sole Proprietorship

Shape23  Trust

Shape24  Estate

Shape25  Other


 
 
 

State or Country/Region/Jurisdiction/U.S. Territory of Incorporation

If U.S. Corporation
Shape26
OR

If non-U.S. Corporation
                                                                                                                                                                                                                                 
Shape27
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.



* Mailing Address
(Entered address is publicly viewable in the USPTO's
TSDR database. This address must be capable of receiving mail and may be your street address, a P.O. box, or a "care of" address.)

Shape28

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

Shape29

* City

Shape30
NOTE: You must limit your entry here to no more than 22 characters.

* State
(Required for U.S. owners/holders only)

Shape31
NOTE: You must include as part of the "City" entry any information related to geographical regions (e.g., provinces) not found in the dropdown lists for "States" or "Countries." Enter the city and then the geographical region, separated by a comma (e.g., Toronto, Ontario). In most instances, you will then also have to select the country within which the region is found, below.

* Country/Region/Jurisdiction/U.S. Territory

                                                                                                                                                                                                                                                  Shape32

* Zip/Postal Code
(Required for U.S. and certain international addresses)

Shape33

Domicile Address
(Entered address is not publicly viewable in the USPTO's TSDR database unless it is the same as the mailing address. If your mailing address is not your domicile, you must enter the number, street, city, state, country or U.S. territory, and if applicable, zip/postal code of your domicile address. In most cases, a P.O. box, "care of" address, or similar variation is not acceptable as a domicile address.)

Shape34  Uncheck this box if the Domicile Address and mailing address of the applicant owner/holder are NOT the same.
Shape35
Indicate place you reside and intend to be your principal home (for individual) or your principal place of business (for entity).

Phone Number

Shape36

Fax Number

Shape37

* Email Address
Confirm that the email address is correct before continuing. The owner email address is not publicly viewable in the USPTO's TSDR database.

Shape38
The owner/holder is required to provide an email address and keep that address current with the USPTO. If the owner/holder is represented by a U.S.-licensed attorney, only the attorney's email address will be used for correspondence by the USPTO.

NOTE: The owner/holder or the owner's/holder's attorney acknowledges that he or she is solely responsible for receiving USPTO emails. Additionally, the owner/holder or the owner's/holder's attorney is responsible for periodically checking the status of the application/registration using the Trademark Status & Document Retrieval (TSDR) system. USPTO notices and office actions issued in this application/registration can be viewed online using TSDR. The USPTO is not responsible for any failure to receive a USPTO-issued email due to the receiver's security or anti-spam software, or any problems with the receiver's email system


Mark Information

NOTE: While minor changes in the mark are sometimes  permitted under Section 7, any material alteration of the mark will NOT be permitted and will result in the denial of the request on that ground.


Shape39  If you have read and understood the above notice, you must check this box before you enter the proposed amended mark.

* Click the appropriate circle to indicate the Mark type:

Shape40  Standard Characters Shape41  Special Form (Stylized and/or Design) Shape42  Sound Mark





Use this section if you wish to modify a word(s), letter(s), punctuation, 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 thereof.)  

Shape43

 


NOTE: After previewing the USPTO-generated image, if you object to the display of the mark, then you must use "Special Form (Stylized and/or Design)" option. Therein, you could attach your own image file and check a box to claim standard characters. However, the appropriateness of the standard character claim would later be determined as part of the examination of the application. For how the USPTO determines what the display of the entered mark will be, click here.





Click the appropriate circle to indicate the Mark type:

Shape44  Standard Characters Shape45  Special Form (Stylized and/or Design) Shape46  Sound 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.
WARNING: The image size cannot exceed 5 megabytes per attachment.
 

Enter any word(s), letter(s), punctuation, and/or number(s) that appear in your mark here:
Shape47
NOTE: Do NOT enter any word(s), letter(s), punctuation, and/or number(s) that do not appear in the attached image file. Leave this space blank if your mark consists only of design elements. The image file must include all elements of the mark; i.e., if your mark consists of a design and word(s), letter(s), punctuation, and/or number(s), the image file must include all of these elements. Any entry in the literal element field that is not found in the attached image file will not be considered part of the mark.

* If claiming color as a feature of the mark, list the colors below, including black, gray and/or white if actual "colors" within the mark (e.g., enter red, white, and blue). Begin the entry with a lower-case, NOT an upper-case, letter. (Entry required for color marks only.)
The color(s) 
Shape48  is/are claimed as a feature of the mark.

Shape49  If other than a mark in standard characters and you are NOT claiming color as a feature of the mark, you must: (1) check this box; and (2) remove all data that may appear in the color(s) claimed field, above, even if a statement therein is factually correct; under this scenario, the field must be completely blank. NOTE: Check the box only if you believe your image is black, and white, yet you received after clicking the "CONTINUE" button an ERROR 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 a complete and accurate description of the entire mark below, being sure to include ALL literal elements and/or design elements that are found in the attached mark image, but NOT including any element not appearing in the image. If a color mark, you must specify the color(s) that are part of the mark, including black, gray and white, and also state the location thereof in the mark image (reference any wording in mark and/or design element(s)), 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: (do NOT repeat this language)
Shape50  . (end period is automatic)
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." The description must be for the complete mark, and not simply of any design element; i.e., if the mark includes a literal element, that must be referenced here, even if already separately stated in the "literal element" field, above. 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.


Click the appropriate circle to indicate the Mark type:

Shape51  Standard Characters Shape52  Special Form (Stylized and/or Design) Shape53  Sound Mark


Click on the "Browse/Choose File" button to select the sound file (.WAV, .WMA, .MP3, or .AVI file) from your local drive.

 

Enter any word(s), letter(s), punctuation, and/or number(s) that appear in your mark here:
Shape54
NOTE: Do NOT enter any word(s), letter(s), and/or number(s) that do not appear in the attached image file. Leave this space blank if your mark consists only of design elements. The image file must include all elements of the mark; i.e., if your mark consists of a design and word(s), letter(s), and/or number(s), the image file must include all of these elements. Any entry in the literal element field that is not found in the attached image file will not be considered part of the mark.

* Enter a complete and accurate description of the entire mark below, being sure to include ALL literal elements and/or design elements that are found in the attached mark image, but NOT including any element not appearing in the image. If a color mark, you must specify the color(s) that are part of the mark, including black and white, and also state the location thereof in the mark image.
The mark consists of: (do NOT repeat this language)
Shape55  . (end period is automatic)
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." The description must be for the complete mark, and not simply of any design element; i.e., if the mark includes a literal element, that must be referenced here, even if already separately stated in the "literal element" field, above. 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.



*Specimen File

The owner/holder of the registration must submit a specimen showing use of the proposed mark, as amended, for each class in the registration. A specimen is required even if the mark originally registered under Section 44(e), based on a foreign registration. The following statement must be made of record by checking the box:

Shape56  The attached specimen was in use in commerce on or before the filing date of this request. The declaration under 37 C.F.R. § 2.20 at the end of this request supporting this use will be signed by the owner/holder or a person properly authorized to sign on behalf of the owner/holder.

Click on the 'Attach' button to select the file in JPG/PDF format (not exceeding 5 megabytes per attachment) or .WAV, .WMV, .WMA, .MP3, .MPG, or .AVI format (not exceeding 5 megabytes for sound files or 30 megabytes for motion files).
WARNING: Submission of an overall request as a PDF file is NOT permissible; i.e., do not use this section, or any other section, of the form to attach a multiple-page document consisting of arguments, evidence, revised identifications of goods/services/the collective membership organization, additional statements, etc. For complete requirements concerning PDF files, click 
here.

 0 file(s) attached

Shape57  Check this box if you are mailing a non-traditional specimen using USPS because it meets the qualifications explained in the hyperlink. Sound and motion specimens are not non-traditional and MUST be submitted using this form. Failure to submit a required specimen through TEAS may result in processing delays and additional fees.

Describe each attached specimen and the class that it applies to:

Shape58

ADDITIONAL INFORMATION REQUIRED FOR WEBPAGE SPECIMENS:
Enter webpage URL(s) and date(s) of access below if it does NOT appear on the attached specimen.

Enter webpage URL(s) and dates(s) of access below if it does NOT appear on the attached specimen.
If your 
specimen consists of a webpage, provide the webpage URL:
Shape59

If your specimen consists of a webpage, indicate the date you accessed or printed the webpage:
Shape60  (MM/DD/YYYY)



ADDITIONAL STATEMENT(S)

NOTE: You may use this section to request changes to correct a mistake in a registration due to either USPTO error or owner/holder error if the correction does not result in a change that would require republication. For example, the following may be permitted: a correction to add a statement that appeared as part of the mark at the time of publication but that was inadvertently omitted from the registration certificate or a correction to a typographical error in a statement printed on the registration certificate. See TMEP § 1609.10(a) for information on correcting a USPTO error that would materially change the registration.

An amendment to add any statement that did not appear when the mark published is permissible only if the amendment would not materially alter the mark or significant information related to the mark. If republication would be required, the amendment is a material alteration and will not be permitted. 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). 
NOTE: Although a declaration will automatically appear at the end of this form, you must sign the declaration only if you are requesting an amendment or a correction due to owner/holder error.


DISCLAIMERNo claim is made to the exclusive right to use Shape61  apart from the mark as shown.

Shape62

STIPPLING AS A FEATURE OF THE MARKThe stippling is a feature of the mark.

Shape63

STIPPLING FOR SHADING:The stippling is for shading purposes only.


ACTIVE PRIOR REGISTRATION(S): Applicant claims ownership of active prior U.S. Registration Number(s) Shape64 Shape65 Shape66 .
NOTE: Entry must not include any commas, and must be 7 numerals long (if necessary, add leading 0's to number, e.g., 0086417).
Shape67  and others: Check here to indicate there are additional active prior U.S. Registration Number(s).


TRANSLATION:
The English translation of 
Shape68  in the mark is Shape69 .
The wording 
Shape70  has no meaning in a foreign language.


TRANSLITERATION(NOTE: Not required for any standard character marks.)
The non-Latin characters in the mark transliterate to 
Shape71 , and this means Shape72  in English.
The non-Latin characters in the mark transliterate to 
Shape73  and this has no meaning in a foreign language.


MEANING OR SIGNIFICANCE OF WORDING, LETTER(S), OR NUMERAL(S):
Shape74  appearing in the mark means or signifies or is a term of art for Shape75  in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application.
Shape76  appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

 

 


INDICATE THE NATURE OF THE §2(f) CLAIM OF ACQUIRED DISTINCTIVENESS

Shape77  §2(f) Whole Shape78  §2(f) In Part

 

 


NAME(S), PORTRAIT(S),SIGNATURE(S) OF INDIVIDUAL(S):
The name(s), portrait(s), and/or signature(s) shown in the mark identifies 
Shape79 , whose consent(s) to register is made of record.

 0 file(s) attached




Shape80  The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


MISCELLANEOUS STATEMENT: You may also enter here other information if required for the Section 7 Request and no other section of the form is appropriate. If you wish to DELETE a statement that appears on the certificate, you may indicate that here through a specific instruction.
Shape81








CLASSIFICATION AND LISTING OF GOODS/SERVICES/COLLECTIVE MEMBERSHIP ORGANIZATION

NOTE: You may use this form to request changes to the listing of the goods/services/collective membership organization to: (1) restrict the identification; (2) delete a class entirely; (3) correct obvious typographical errors; or (4) otherwise change the registration in a way that would not require republication of the mark, but never to add to or broaden the goods/services/nature of the collective membership organization in a registration by amendment or correction. Any request to amend or correct the classification must coincide with the current version of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of MarksSee TMEP § 1609.10(a) for information on correcting a USPTO error that would materially change the registration.

WARNING: Registration Subject to Cancellation for Fraudulent Statements
Statements made in filings to the USPTO must be accurate; inaccuracies could result in the cancellation of a trademark registration. For example, an owner's/holder's lack of use on all goods/services for which use is claimed in a post-registration filing with the USPTO could jeopardize the validity of the registration and result in its cancellation.

Enter information for the Class


Original International Class : 
*International Class: Shape82  (Enter class number 001- 045, A, B and 200)


*Listing of Goods/Services/Collective Membership Organization [NOTE: Do not enter a class number or letter or any other code in the field below. You must enter only the common commercial name for the specific goods/services/nature of the collective membership organization 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/recitation of services/description of the collective membership organization. If you wish to delete the class entirely, then remove all displayed wording, and enter the specific wording "DELETE CLASS ENTIRELY"- do not merely leave the field blank]. For more information about acceptable language for the goods/services, see the USPTO's on-line Goods and/or Services Manual.
Shape83


DATES OF USE

NOTE: Amendment or correction may be made to the dates of use. However, the USPTO will not accept any amendment or correction wherein the amended dates of use are later than the dates that would have been accepted when the underlying application was examined prior to registration. .


Date of First Use of Mark Anywhere
at least as early as

Shape84  (MM/DD/YYYY)

Date of First Use of Mark Commerce
at least as early as

Shape85  (MM/DD/YYYY)



BASIS FOR FILING/REGISTRATION

NOTE: If the mark published with the correct basis, but the information did not appear on the registration certificate, the omitted basis(es) may be added under Section 7. In all other cases, only minor corrections are permissible; e.g., to correct the foreign registration number or the country that issued the registration, if supported by the record.
Where the omission of a basis at publication is due to USPTO error, and is supported by the record, the omitted basis may be added, but not by using this form. Instead, the registration must be restored to pendency and published with the correct information.


Shape86  Filing Basis Section 44(d), Priority based on foreign filing:

Foreign Application Number

Shape87
Note: The USPTO database can only store 19 characters for this field. You should adjust your entry if possible, eliminating any unnecessary leadings 0s or country abbreviations, for example.

Date of Foreign Filing

Shape88  (MM/DD/YYYY)

Country/Region/Jurisdiction/U.S. Territory of Foreign Application

                                                                                                                                                                                                                                                   Shape89



Shape90  Filing Basis Section 44(e), Based on Foreign Registration:

Foreign Registration Number

Shape91
Note: The USPTO database can only store 19 characters for this field. You should adjust your entry if possible, eliminating any unnecessary leadings 0s or country abbreviations, for example.

Foreign Registration Date

Shape92  (MM/DD/YYYY)

Date Foreign Registration Renewed
(if applicable)

Shape93  (MM/DD/YYYY)

Expiration Date of Foreign Registration

Shape94  (MM/DD/YYYY)

Country/Region/Jurisdiction/U.S. Territory of Foreign Registration

                                                                                                                                                                                                                                                    Shape95




ATTORNEY INFORMATION

* Attorney Name

Shape96

Firm Name

Shape97

Docket/Reference Number

Shape98
NOTE: You must limit your entry here to no more than 12 characters.

* Bar Membership


* Year of Admission Shape99

* U.S. State/Commonwealth/Territory Shape100

* Membership Number Shape101
You must enter "N/A" or a membership/registration number if your U.S. state, commonwealth, or territory issues one. This number is not viewable in TSDR.
You must limit your entry here to no more than 40 alphanumeric characters.

Shape102  * The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

Other Appointed Attorney(s)

Shape103

Recognized Canadian
Attorney/Agent

Shape104

Internal Address

Shape105

* Street Address

Shape106
NOTE: You must limit your entry here, and for all remaining fields within this overall section (except City, see below), 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.

* City

Shape107
NOTE: You must limit your entry here to no more than 22 characters.

* State
(Required for U.S. attorneys)

Shape108
NOTE: You must include as part of the "City" entry any information related to geographical regions (e.g., provinces) not found in the dropdown lists for "States" or "Countries." Enter the city and then the geographical region, separated by a comma (e.g., Toronto, Ontario). In most instances, you will then also have to select the country within which the region is found, below.

* Country/Region/Jurisdiction/U.S. Territory

                                                                                                                                                                                                                                                  Shape109

* Zip/Postal Code
(Required for U.S. and certain international addresses)

Shape110

Phone Number

Shape111

Fax Number

Shape112

* Email Address

Shape113
The appointed attorney's email address must be provided and kept current with the USPTO.

NOTE: The owner/holder or the owner's/holder's attorney acknowledges that he or she is solely responsible for receiving USPTO emails. Additionally, the owner/holder or the owner's/holder's attorney is responsible for periodically checking the status of the application/registration using the Trademark Status & Document Retrieval (TSDR) system. USPTO notices and office actions issued in this application/registration can be viewed online using TSDR. The USPTO is not responsible for any failure to receive a USPTO-issued email due to the receiver's security or anti-spam software, or any problems with the receiver's email system.


NEW CORRESPONDENCE INFORMATION

To make changes to the Primary Email Address for Correspondence below, either
(1) return to the Owner Information section (if no attorney has been appointed) and enter the change, or
(2) use the Attorney Information section of the form to enter the change (if an attorney has been appointed).

Name


Email Address

Primary Email Address for Correspondence 
Secondary Email Address(es) (Courtesy Copies) Shape114

Enter up to 4 addresses, separated by either a 
semicolon or a comma.

Only the Primary Email Address for Correspondence is used for official communication by the USPTO. If an attorney has been appointed, the USPTO will correspond ONLY with the appointed attorney; otherwise the USPTO will correspond with the owner/holder. The owner/holder or the appointed attorney must keep this email address current with the USPTO.
NOTE: I understand that (1) a valid email address must be maintained by the owner/holder and the applicant owner's/holder's attorney, if appointed, for correspondence and (2) all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).


FEE INFORMATION

Amount

The fee to amend or correct a registration due to a mistake by the owner/holder of the registration is $100 per registration.




Shape115  Number of Classes x $250 (per class) for deleting goods and/or services, and/or classes after submission and prior to acceptance of a section 8 affidavit = $ Shape116


TOTAL AMOUNT = $ Shape117


Shape118  I hereby elect not to submit any fee. I believe no fee is required because I am seeking to correct an immaterial, e.g., clerical, error that was the fault of the USPTO, rather than the fault of the owner/holder. I understand that the USPTO may, upon later review, require a fee payment.




SIGNATURE(S)

Click to choose ONE signature method:

Shape119  Sign electronically directly on this response form Shape120  Email Text Form to second party for electronic signature Shape121  Handwritten pen-and-ink signature



 i 

To electronically sign this document, enter any alpha/numeric characters (letters/numbers) of your choosing, preceded and followed by the forward slash (/) symbol. Most signatories enter their name between the two forward slashes; examples of acceptable "signatures" include: /john doe/; /jd/; or /123-4567/.




DECLARATION SIGNATURE



Shape122  The undersigned has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a signed declaration.
WARNING: A signed declaration IS REQUIRED for a request to amend the registration or a request to correct an owner's/holder's mistake.

NOTE: Only one signature is required, regardless of the number of owners/holders. The person signing for each section may be different, depending on who has the required knowledge to sign.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

* Signature

Shape123
Examples of acceptable "signatures" include: /john doe/; /jd/; or /123-4567/.
NOTE: Must be personally signed by the individual listed in the Signatory's Name field. 37 C.F.R. §2.193(a). The person signing may not enter someone else's signature.

* Date Signed

Shape124  (MM/DD/YYYY)

* Signatory's Name

Shape125

* Signatory's Position

Shape126
Enter appropriate title or nature of relationship to the owner/holder.

If the signer is
- An 
individual owner/holder, enter "Owner" or "Holder" as appropriate.
Joint individual owners/holders, enter "Owners" or "Holders" as appropriate.
- A 
business entity authorized signatory, enter official title; e.g., "President" (if a corporation),"General Partner" (if a partnership), or "Principal" (if a limited liability company).
- A U.S.-licensed 
attorney, enter "Attorney of record," and if not specified in the application or prior communications, specify at least one state bar admission, e.g., "Attorney of record, New York Bar member." Also, if the signing attorney is from the same U.S. firm as the attorney of record, but was not listed in the original filing and is not otherwise of record, also include law firm name, e.g., Associate Attorney, Smith, Jones & Davis, Virginia Bar member.

Signatory's Phone Number

Shape127





REQUEST SIGNATURE


Click to choose ONE signature method:

Shape128  Sign electronically directly on this response form Shape129  Email Text Form to second party for electronic signature

NOTE: Although a possible combination as selected on the form, the following signing method must NOT be used: declaration signed directly and request signed through the email text form approach.



*You must click one of the three buttons below to confirm that you are legally authorized to sign this form based on the trademark rules governing representation of others before the USPTO.

If you have a U.S.-licensed attorney representing you in this application, only your attorney can sign this form.

Shape130  Owner/Holder who is not represented by an attorney (pro se): I hereby confirm that

  • I am not represented by an attorney in this matter, and am either: (1) the owner(s)/holder(s); or (2) a person or persons(s) with legal authority to bind the owner(s)/holder(s); and

  • If I had previously been represented by an attorney in this matter, either I revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.


ADVISORY: Click the above first button only if you are the owner(s)/holder(s) or legally authorized to bind the owner(s)/holder(s); such as an officer of the owner/holder corporation or association, or a general partner of the owner/holder partnership.

Shape131  Authorized U.S.-Licensed Attorney: I hereby confirm that

  • I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory);

  • I am currently the owner's/holder's attorney or an associate thereof;

  • If you are filing this in conjunction with a pending post-registration filing: To the best of my knowledge, if prior to my appointment another U.S.-licensed attorney not currently associated with my company/firm previously represented the owner/holder in this matter:

    • the owner/holder has revoked their power of attorney by filing a signed revocation or substitute power of attorney with the USPTO;

    • the USPTO has granted that attorney's withdrawal request;

    • the owner/holder has filed a power of attorney appointing me in this matter; or

    • the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing me as an associate attorney in this matter.

Shape132  Authorized Canadian Trademark Attorney/Agent: I hereby confirm that

  • An authorized U.S.-licensed attorney has been appointed to represent the owner;

  • I have been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office of Enrollment and Discipline; and

  • I am an authorized signatory based on 37 C.F.R. §11.14(c)(2).


ADVISORY: Foreign attorneys (other than authorized Canadian attorneys/agents) may not sign responses and are prohibited from representing an owner/holder before the USPTO in trademark matters.


Shape133  Check here if you are filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.
NOTE: For consistency of examination, it is helpful to know whether both filings should be examined at the same time.


NOTE: If more than one trademark owner/holder, ALL must sign the overall submission.


* Signature

Shape134
Examples of acceptable "signatures" include: /john doe/; /jd/; or /123-4567/.
NOTE: Must be personally signed by the individual listed in the Signatory's Name field. 37 C.F.R. §2.193(a). The person signing may not enter someone else's signature.

* Date Signed

Shape135  (MM/DD/YYYY)

* Signatory's Name

Shape136

* Signatory's Position

Shape137
Enter appropriate title or nature of relationship to the owner/holder.

If the signer is
- An 
individual owner/holder, enter "Owner" or "Holder" as appropriate.
Joint individual owners/holders, enter "Owners" or "Holders" as appropriate (all must sign this form).
- A 
business entity authorized signatory, enter official title; e.g., "President" (if a corporation),"General Partner" (if a partnership), or "Principal" (if a limited liability company).
- A U.S.-licensed 
attorney, enter "Attorney of record," and if not specified in the application or prior communications, specify at least one state bar admission, e.g., "Attorney of record, New York Bar member." Also, if the signing attorney is from the same U.S. firm as the attorney of record, but was not listed in the original filing and is not otherwise of record, also include law firm name, e.g., Associate Attorney, Smith, Jones & Davis, Virginia Bar member.

Signatory's Phone Number

Shape138



STEP 1: Review the Request data, available below in various formats, by clicking on any of the phrases listed under Request Data. Use the print function within your browser to print these pages for your own records.
NOTE: 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.
Note: If you are using the e-signature approach or the handwritten pen-and-ink signature approach, you must click on the final link to access the specific "text form" for that purpose.

 STEP 2: If any of the information is incorrect, click on the Go Back to Modify button at the bottom of this page to return to the Request form and make changes.

Note: If you originally selected standard character format, but are not satisfied with USPTO-created image of mark (accessed above):
  1. Return to the Mark Information Section;
  2. Select the Stylized/Design format;
  3. Affix your own JPG file;
  4. Check the box to claim that the mark is presented in standard character format; and
  5. Enter the literal element of the mark in the appropriate field.
If you do not have a JPG image file ready at this time, you should
  1. Save this application, using the Save Form button at the bottom of this page;
  2. Create your own JPG image file of the mark;"
  3. Retrieve the saved form; and"
  4. Continue as per steps 1-5, above."




 STEP 3: If there are no errors and you are ready to file, confirm the Primary Email Address for Correspondence, displayed below. To make changes to this email address, use the navigation buttons below to return to the appropriate page in the form and update either the attorney's email address, if appointed, or the applicant owner's/holder's email address. Courtesy copies are also permitted and these email address(es) are displayed below. To update these addresses, use the navigation buttons below to return to the Correspondence Information page and enter the changes.

After you submit the form, the USPTO will send an acknowledgment of receipt to the following email address(es):

Primary Email Address for Correspondence


Secondary Email Address(es) (Courtesy Copies)




 STEP 4: To download and save the Request, click on the Save Form button at the bottom of this page. The information will be saved to your local drive. To begin the submission process with saved data, you must open a new form, and click on the "Browse/Choose File" button displayed on the initial form wizard page, at "[OPTIONAL] To access previously-saved data, use the "Browse/Choose File" button below to access the file from your local drive." REMINDER: Do NOT try to open the saved .obj/.xml form directly. You must return to the very first page of the form, as if starting a brand new form, and then use the specific "Browse/Choose File" button on that page to import the saved file. Clicking on the "Continue" button at the bottom of that first page will then properly open the saved version of your form.

 STEP 5: Read and check the following:


Important Notice:

Please note that:
(1) If a fee was required, once you submit this form, we will not refund the fee, because it is a processing fee for our substantive review.
(2) All information you submit to the USPTO at any point in the application and/or registration process will become public record, including your name, phone number, email address, and street address. By filing this document, you acknowledge and agree that 
YOU HAVE NO RIGHT TO CONFIDENTIALITY in the information disclosed. The public will be able to view this information in the USPTO's on-line databases and through internet search engines and other on-line databases. This information will remain public even if the application is abandoned or any registration is surrendered, cancelled, or expired. To maintain confidentiality of banking or credit card information, only enter payment information in the secure portion of the site after validating your form. For any information that may be subject to copyright protection, by submitting it to the USPTO, the filer is representing that he or she has the authority to grant, and is granting, the USPTO permission to make the information available in its on-line database and in copies of the application or registration record.
(3) Private companies 
not associated with the USPTO often use trademark application and registration information from the USPTO's databases to mail or email trademark-related solicitations (samples of non-USPTO solicitations included).

Shape139  If you have read and understand the above notice, please check the box before you click on the Pay/Submit button.



 STEP 6: If you are ready to file electronically:
Click on the Pay/Submit button at the bottom of this page. NOTE: If a fee payment is required, screens for entering payment information will come up after you have clicked on the Pay/Submit button. After successful entry of payment information, you can complete the submission to the USPTO. A complete transaction will result in a screen that says 
SUCCESS! Within 24 hours, the email acknowledgment will also be sent.
WARNING: Click on the Pay/Submit button ONLY if you are now entirely prepared to complete the Pay/Submit process. After clicking the button, you can NOT return to the form, since you will have left the TEAS site entirely. Once in the separate payment site, you must complete the Pay/Submit process within 30 minutes. If you are not prepared to complete the process now, you should select the "Save Form" option to save your form, and then complete the Pay/Submit process later. Or, if you have discovered any error, use the "Go Back to Modify" button to make a correction. If you are not prepared to complete the process now, you should select the "Save Form" option to save your form, and then complete the Pay/Submit process later. Or, if you have discovered any error, use the "Go Back to Modify" button to make a correction.
WARNING: Fee payments by credit card may not be made from 2 a.m. to 6 a.m. Sunday, Eastern Time. If you are attempting to file during that specific period, you must use either (1) the deposit account or electronic funds transfer payment method ; or (2) the "Save Form" option to save your form, and then complete the Pay/Submit process later for a credit card payment .
















Paperwork Reduction Act Statement

A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with an information collection subject to the requirements of the Paperwork Reduction Act of 1995, unless the information collection has a valid OMB Control Number. The OMB Control Number for this information collection is 0651-0055. Public burden for this form is estimated to average 35 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing this burden to the Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450 or email [email protected].


Privacy Act Statement

The USPTO collects this information under authority of 35 U.S.C. 2(b)(2). The information you provide will be used to process your applications and submissions related to trademark registration. The information in this system of records is used to manage name, citizenship, domicile, email address, postal address, and telephone number of the trademark applicant, registrant, and applicant’s or registrant’s legal or other authorized representative(s), an attorney’s law firm or company affiliation and professional licensing information, and other information pertaining to an applicant’s or registrant’s activities in connection with the applied-for or registered mark. The information is protected from disclosure to third parties in accordance with the Privacy Act. However, routine uses of this information may include disclosure to the following: the public; certain foreign entities, professional organizations or associations, audit or oversight controls; law enforcement; non-federal personnel working for the agency; record and informational inquiries; coordinators of data breach response; litigation actions; Department of Justice; Office of Personnel Management; Congressional inquiries; the National Archives and Records Administration; and Office of Management and Budget. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application for trademark registration. The applicable Privacy Act System of Records Notice for this information request is COMMERCE/USPTO-26, Trademarks Application and Registration Records: Federal Register vol. 85 February 18, 2020, p 8847, available at https:// www.govinfo.gov/content/pkg/FR-2020-02-18/pdf/2020-03068.pdf.


File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorSmalls, Jonya
File Modified0000-00-00
File Created2021-10-26

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