Modify trademark in OMM

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Aug 6th, 2022
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How to modify trademark in OMM

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letamp;#39;s talk about whether or not a brand owner can change a trademark and shout out this question uh comes from tim carr on twitter and if you have topics youamp;#39;d like to see covered in future videos or podcasts please tweet at me at tm for small biz and iamp;#39;ll try to get to as many of them as i can so brands often evolve over time and sometimes brand names or logos do change or evolve sometimes the changes are subtle like coke at one point was evolving into new coke um sometimes theyamp;#39;re more dramatic when a brand shifts uh its name entirely or when two companies merge and uh exxon becomes exxon mobil for example so brand names do evolve over time but what i want to talk about now is trademark filings and whether or not the marks in those filings can change and the answer is generally no so when a trademark application has been filed at the uspto or registered at the uspto generally only very very small changes will be allowed if the change amounts to whatam

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If ownership of the mark has changed you must file an Assignment of Trademark or Service Mark. Registrant must attach a true and correct copy of the original document showing proof of name change, or a copy of the original document filed in another jurisdiction and certified by the filing office of that jurisdiction.
Under federal law, you can file a trademark amendment application if your requested change does not materially alter the character of the mark. The modified mark must contain the essence of the original mark. It must also create the same impression as the original mark. This means that the USPTO will consider
Adding a class to a registered trade mark However, once youve registered your mark, you cant expand the scope of protection - you cant add extra classes or alter the representation of the mark (eg change your logo). You may need to file a new registration to protect your existing trade mark under different classes.
A registered trademark is granted based on the examination of the exact version of the logo you once submitted, and a change does not automatically mean you have the right to the same level of legal protection; therefore, your updated version would have to be assessed again.
Correcting filing errors using online forms Submit the form Section 7 Request for Amendment or Correction of Registration Certificate. See TMEP section 1609 for more information on corrections after registration.
Can you add goods or services to a registered trademark? No, you can never add goods or services to a registered trademark that would expand the zone of protection. You have to make a new trademark filing which will be reexamined by a USPTO examining attorney. Why?

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