Trademark Electronic Application System
fileOnline

MISCELLANEOUS FORMS

 

Please click on the following to access a form for:

1. Voluntary Amendment Not in Response to USPTO Office Action/Letter
Use this form to request modification and/or addition to an already filed application that has not yet been examined by the Law Office examining attorney, or in other rare instances.
The form is appropriate to:

  • Request a change to an application prior to examination;
  • Request a change to an already-examined application, where no other mechanism exists. E.g., because the Allegation of Use form lacks a section to propose a change to the mark, you must use this form for that purpose, if appropriate (I.e., if the specimen being submitted as part of an Amendment to Allege Use shows a mark that differs slightly from what appeared in the original application, the mark must be amended so that the mark and specimen usage agree. Cf. If after a Notice of Allowance has issued, you must use the specific Post-Publication Amendment form to amend the mark.)
  • Request a change for an application filed under the Madrid Protocol (Section 66(a)), but only for limited purposes.
NOTE: Please check all "regular" TEAS forms as well as the global form offerings to ensure that no other form could be used for your intended purpose. If appropriate for use, you must wait approximately 7-10 days after your original submission to file the Preliminary Amendment. Please first ensure that all of the original application data has been fully loaded into the USPTO's TARR database before attempting to use this form.

WARNING: While you may successfully submit a “Voluntary Amendment,” the filing will NOT result in any information being automatically uploaded into the USPTO's databases. An examining attorney must review the amendment to determine whether the proposed change(s) is acceptable.

2. Request For Express Abandonment (Withdrawal) Of Application
The applicant may use this form to request express abandonment, i.e., withdrawal, of its own pending application.

NOTE: Only the following may request express abandonment: (1) the applicant; (2) a person(s) with legal authority to bind the applicant, such as a corporate officer of a U.S. corporate applicant or foreign corporation or company; a general partner of a partnership applicant; each joint applicant if joint applicants; an officer of an unincorporated organization; an officer or manager of a limited liability company, etc. See TMEP §§712.01 et seq.; or (3) the applicant's attorney. If the application is currently subject to an appeal, opposition, or concurrent use proceeding before the Trademark Trial and Appeal Board, you must file this request directly with the Board. You may do so electronically, using the Board's electronic system, ESTTA.

NOTE: Filing of an Express Abandonment does not result in any refund of the original application fee. The fee is an initial processing fee, which is not refunded later, regardless of any expressed intent to cease prosecution of the application.

WARNING: You may file this request up to the point of actual registration. However, if your application is already scheduled for printing of a registration certificate, which occurs approximately eight (8) weeks after the publication date, it may be too late to withdraw the application from the registration cycle. Therefore, although perhaps timely filed, your express abandonment will only be processed after cancellation of the inadvertently issued registration and restoration of your application to pendency; i.e., under this scenario, please be aware that significant delays in processing this filing will occur.


3. Request to Divide Application
Use this form to request that a pending application be divided into two (2) or more separate applications upon payment of the applicable fees. You may request division of an application for any reason, but a processing fee is due for each new application created. When dividing an application for some, but not all, of the goods or services in a class, this form must be accompanied by the fee for dividing (currently $100) and by an application filing fee (currently $325) for each new separate application created by the division.

NOTE: If you wish to submit a request to divide in conjunction with an Allegation of Use filing, you should use the specific TEAS Allegation of Use form for that purpose, if the request to divide is limited specifically to the creation of only one (1) child application.

WARNING: Filing a request to divide is not, by itself, a proper response to an Office action and does not relieve the duty to respond or take any other required action.


NOTE: To file a "Request to Divide Registration," see Form # 7 in the overall category "REGISTRATION MAINTENANCE/RENEWAL FORMS" on the TEAS front page.