Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Forms

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Before you file one of these TEAS forms, review the Changing application information after approval for publication for more information on what to do.

1. Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Form 

You may use this form to file a proposed amendment to an application under any of the following circumstances:

  • The examining attorney has approved the application for publication, but it has not yet published for opposition;
  • The application has published for opposition but a registration certificate or notice of allowance (NOA) has neither been prepared for issuance nor actually issued;
  • A NOA has issued but a statement of use (SOU) has not been filed and the amendment is either to delete (1) specific goods and/or services (or an entire class of goods/services) from the application; or (2) the Section 1(b) (intent-to-use) basis in a multiple-basis application. Any other amendments filed between issuance of the NOA and filing of the SOU will not be examined until the SOU is filed;
  • A NOA has issued, an SOU has been filed, and the initial processing of the SOU has been completed; or
  • An extension of time to file a Notice of Opposition was filed but no actual Notice of Opposition has been filed.

Note: To amend the filing basis to Section 44(e) after publication, you must file a Petition to Change the Filing Basis After Publication and review the requirements in TMEP Section 806.03(j) et seq.

2. Request To Delete Section 1(b) Basis, Intent-To-Use

Use this form only to delete the Section 1(b) basis for an entire application or an entire class of goods and/or services, and to rely on an alternative, previously-claimed basis for registration that also supports the goods/services or class for which the Section 1(b) basis is to be deleted. Do not use this form for any of the following:

  • To delete the Section 1(b) basis when Section 1(b) is the only basis currently stated in the application;
  • To delete the Section 1(b) basis for only some of the goods and/or services within a class or an entire class that is based on Section 1(b), when those goods/services and or class(es) are not also supported by another basis.  See Voluntary Amendment form or Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment form.
  • To delete all of the goods, services, and/or class(es) from an application that are based on Section 1(b) after issuance of a Notice of Allowance so that the application may proceed to registration for the remaining goods/services and/or class(es) that are based on use in commerce or Section 44(e).  See Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment form.
  • To file a request to divide.

Note: Do not use this form in place of the TEAS Response to Office action form. I.e., if an overall response is required, then the request to delete Section 1(b) should be made as part of that response, rather than as a totally separate filing.

3. Petition to Change the Filing Basis After Publication 

Use this form to change the filing basis for registration to Section 44(e) after your mark has published for opposition. The petition must include all necessary documents and declarations to support the amendment to the basis, including a copy of the foreign registration. For further information, see TMEP section 806.03(j).

Note: If your application is based on both Section 44(e) and Section 1(b) and you want to delete the Section 1(b) basis, use the Request to Delete Section 1(b) Basis, Intent to Use form. If some of your goods/services are based on Section 44(e) and/or Section 1(a) and you want to delete the Section 1(b) goods, you must file an amendment using either the voluntary amendment form or post-publication amendment form.