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1、AMENDMENT OF APPLICATION 2.71 Amendments to correct informalities.The applicant may amend the application during the course of examination, when required by the Office or for other reasons.(a)The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods
2、 and/or services.(b)(1) If the declaration or verification of an application under 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification or declaration under 2.20. (2) If the declaration or verification of a statement of use under 2.88, or a request for ex
3、tension of time to file a statement of use under 2.89, is unsigned or signed by the wrong party, the applicant must submit a substitute verification before the expiration of the statutory deadline for filing the statement of use. (c) The applicant may amend the dates of use, provided that the applic
4、ant supports the amendment with an affidavit or declaration under 2.20, except that the following amendments are not permitted: (1) In an application under section 1(a) of the Act, the applicant may not amend the application to specify a date of use that is subsequent to the filing date of the appli
5、cation;(2) In an application under section 1(b) of the Act, after filing a statement of use under 2.88, the applicant may not amend the statement of use to specify a date of use that is subsequent to the expiration of the deadline for filing the statement of use. (d) The applicant may amend the appl
6、ication to correct the name of the applicant, if there is a mistake in the manner in which the name of the applicant is set out in the application. The amendment must be supported by an affidavit or declaration under 2.20, signed by the applicant. However, the application cannot be amended to set fo
7、rth a different entity as the applicant. An application filed in the name of an entity that did not own the mark as of the filing date of the application is void. 2.72 Amendments to description or drawing of the mark. (a) In an application based on use in commerce under section 1(a) of the Act, the
8、applicant may amend the description or drawing of the mark only if: (1) The specimens originally filed, or substitute specimens filed under 2.59(a), support the proposed amendment; and(2) The proposed amendment does not materially alter the mark. The Office will determine whether a proposed amendmen
9、t materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. (b) In an application based on a bona fide intention to use a mark in commerce under section 1(b) of the Act, the applicant may amend the description or dra
10、wing of the mark only if: (1) The specimens filed with an amendment to allege use or statement of use, or substitute specimens filed under 2.59(b), support the proposed amendment; and (2) The proposed amendment does not materially alter the mark. The Office will determine whether a proposed amendmen
11、t materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. (c) In an application based on a claim of priority under section 44(d) of the Act, or on a mark duly registered in the country of origin of the foreign appl
12、icant under section 44(e) of the Act, the applicant may amend the description or drawing of the mark only if: (1) The description or drawing of the mark in the foreign registration certificate supports the amendment; and (2) The proposed amendment does not materially alter the mark. The Office will
13、determine whether a proposed amendment materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. 2.73 Amendment to recite concurrent use. An application that includes section 1(a) of the Trademark Act as a filing bas
14、is, or for which an acceptable allegation of use under 2.76 or 2.88 has been filed, may be amended to an application for concurrent use registration, provided that the application as amended meets the requirements of 2.42. The trademark examining attorney will determine whether the application, as a
15、mended, is acceptable. 2.74 Form and signature of amendment. (a) Form of Amendment. Amendments should be set forth clearly and completely. Applicant should either set forth the entire wording, including the proposed changes, or, if it would be more efficient, indicate which words should be added and
16、 which words should be deleted. The examining attorney may require the applicant to rewrite the entire amendment, if necessary for clarification of the record. (b) Signature. A request for amendment of an application must be signed by the applicant, someone with legal authority to bind the applicant (e.g., a corporate officer or general partner of a partnership), or a practitioner qualified to practice under 11.14 of this chapter, in accor
