Can I file an amendment to my original application or do I have to file a new application? 5 Answers as of May 02, 2013

I filed a trademark application with the uspto a couple months ago. Since I filed I changed my company logo a little bit and would like to add a couple categories to my application.

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Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
The change in the company logo would be allowed if it does not materially change the logo as originally submitted. The addition of categories would not be allowed if it broadens the identification of goods or services.
Answer Applies to: California
Replied: 5/2/2013
Tran & Associates | Bao Tran
You will need a new application if your trademark application is on the logo. Separately, you should get patent application as soon as you can to prevent others from copying you. This is important as we move into the First to File era. I would recommend the use of software from PowerPatent.com called ProvisionalBuilder. Software costs $99 so it i very inexpensive yet guides you to prepare a high quality patent application that one year later you can turn to a lawyer to convert into a utility application for you. A feature summary is at http://www.powerpatent.com/prwelcome THe software helps you organize information, and through your summary description, brings back sample patents in the same field for you to use as examples.
Answer Applies to: California
Replied: 5/2/2013
Webb IP Law Group
Webb IP Law Group | Jason P Webb
You can file amendments, but the kind you are looking to file are probably not going to be allowed. You are probably better off just filing another application with the new logo listing all your goods and services.
Answer Applies to: Utah
Replied: 5/2/2013
Microtechnology Law & Analysis | Daniel Flamm
Section 1402.06 below, from the TMEP (Trademark Manual of Examination Procedure) available online apparently answers your question(s). Regards, dan 1402.06 Amendments Permitted to Clarify or Limit Identification Trademark Rule 2.71(a), 37 C.F.R. 2.71(a), restricts amendments to the identification of goods or services as follows, "The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services." This rule applies to all applications. Section 7(c) of the Trademark Act, 15 U.S.C. 1057(c), provides that filing an application for registration on the Principal Register establishes constructive use and nationwide priority contingent on issuance of the registration (see TMEP 201.02). Therefore, the identification of goods and services in an application defines the scope of those rights established by the filing of an application for the Principal Register.
Answer Applies to: California
Replied: 5/2/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
That would depend upon the changes to the "little bit" that you changed the logo. You can amend the application to include additional categories. You can either wait for the first examination or check the status of your application and contact the examining attorney to discuss the changes you want to make to get their guidance.
Answer Applies to: California
Replied: 5/2/2013
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