Typical changes after publication and before registration
Typical changes that can be made are listed below with instructions. We will review each requested change to determine whether it’s permissible under federal trademark law.
Some changes could require republication of your mark due to the impact the change may have on third parties. For more information on what changes can be made to your application after publication, and whether a change will require republication, see TMEP §§1505-1505.03(b).
Correcting minor mistakes and typos
- To fix mistakes in the Notice of Publication, use the Post-Publication Amendment form. There is no fee for this form.
- To fix USPTO errors in the Notice of Allowance promptly call the Intent to Use Division (ITU) at 571-272-9550. No fee or petition or amendment form is needed. ITU will correct the error and, depending on the nature of the correction, may consult with the assigned examining attorney to determine if republication is required.
- To fix your errors in the Notice of Allowance, use the Petition to Director form. There is a fee for this form.
For more information on correcting errors in a Notice of Allowance, see TMEP §1106.04.
Updating your address (postal or email)
Updating your attorney or your attorney’s address (postal or email)
Updating to reflect a transfer of ownership
Updating your goods or services to restrict/limit/delete goods or services
Changing the trademark on the drawing (only non-material, insignificant changes to match the mark on your specimen or foreign registration) (not applicable to a Section 66(a) application)
Changing the filing basis (not applicable to a Section 66(a) application)
- To add or substitute a Section 44(e) basis after publication, use the Petition to Amend Basis Post-Publication form. There is a fee for this form.
- To change your basis from a Section 1(b) intent-to-use basis to a Section 1(a) use basis after publication, you must wait until the Notice of Allowance issues and use the Statement of Use form.
- To change your basis from a Section 1(b) to a Section 44(e) basis after publication, use the Petition to Change the Filing Basis After Publication form.
- To delete a Section 1(b) basis for all the goods or services and proceed to registration under a Section 44(e) basis that is already part of your application, use the Delete Section 1(b) basis form.
- To delete a Section 1(a) basis for all the goods or services and proceed to registration under a Section 1(b) or Section 44(e) basis that is already part of your application, use the Post-Publication Amendment form.
- To amend a Section 1(b) basis to claim that your mark is now in use in commerce, use the Statement of Use form after the Notice of Allowance issues.
For more information about changing the filing basis after publication, see TMEP §806.03(j)-(j)(ii) or get general information on filing basis.
Adding a disclaimer
- After publication, use the Post-Publication Amendment form. There is no fee for this form.
- After the Notice of Allowance, use the Petition to Director form. There is a fee for this form. If your amendment would require examination by the assigned examining attorney, your petition will be denied. However, you can always submit an amendment when you file your Statement of Use, and no petition would be necessary.
Changing application information after publication during an opposition proceeding