Changing application information after Notice of Publication or Allowance

You can change some information in your trademark application after you receive a Notice of Publication or a Notice of Allowance and before your mark is registered, but not all changes are allowed. Read more on this page about these two notices, as well as typical changes you can make after receiving either one.

What is a Notice of Publication?

A Notice of Publication is a written statement from the USPTO notifying you that your mark will be published in the Trademark Official Gazette. If the examining attorney assigned to your application raises no objections to registration, or if you overcome all objections, the examining attorney will approve your mark for publication. The notice of publication provides the date of publication.

Any party who believes it may be damaged by registration of the mark has thirty days from the publication date to file either an opposition to registration or a request to extend the time to oppose.

If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use or on a foreign registration under §44, or a Notice of Allowance will issue for intent-to-use applications.

What is a Notice of Allowance?

A Notice of Allowance, also called a NOA (pronounced “noah”) is a written notification from the USPTO that your mark has survived the opposition period following publication in the Official Gazette, and has consequently been allowed for registration. The Notice of Allowance does not mean that the mark has registered. Receiving a Notice of Allowance is another step on the way to registration.

Notices of Allowance are issued only for applications filed based on intent to use the mark in commerce. The issue date on the Notice of Allowance establishes the due date for filing a Statement of Use. After receiving the Notice of Allowance, you must file a Statement of Use or request an extension of time to file a Statement of Use within six months from the issue date of the notice. If you miss the deadline for filing a Statement of Use or a Request for an Extension of Time to file a Statement of Use, your application will be abandoned.

Has a Notice of Publication or Notice of Allowance issued for your application?

To find out if either notice has issued, go to Trademark Status and Document Retrieval (TSDR), enter your serial number, and click on “Documents” to see if there are any notices. Then check the “Status” tab for your application’s current status. If your mark published but a Notice of Allowance or registration certificate has not yet issued, your status will be Published for Opposition. If a Notice of Allowance issued, your status will be “NOA Issued” or “Request for Extension Filed or Granted.”

When can you change your application information?

Depending on the timing, you can change your application information after receiving Notices of Publication or Allowance as described below:

If you received a Notice of Publication but have not yet received a Notice of Allowance or registration certificate, you can make some changes to your application.
If you received both a Notice of Publication and a Notice of Allowance but have not yet filed your Statement of Use, your options are limited and you may be required to file a Petition to Director to make certain changes. You can submit amendments with a Statement of Use or after you file a Statement of Use but before we approve your application for registration. Read about when you can file a Statement of Use, on the ITU application page.

What kinds of changes can you make, and how can you make them?

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)

After publication and after Notice of Allowance, use the Change of Owner’s Address form. There is no fee for this form.

Updating your attorney or your attorney’s address (postal or email)

After publication and after Notice of Allowance, use the Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. There is no fee for this form.

Updating to reflect a transfer of ownership

After publication and after Notice of Allowance, file ownership transfer documents using the Electronic Trademark Assignment System (ETAS). There is a fee for recording ownership transfer documents. Get more information on ownership changes.
For applications filed under Section 66(a), file ownership transfer documents through the International Bureau.

Updating your goods or services to restrict/limit/delete goods or services

After publication, use the Post-Publication Amendment form. There is no fee for this form.
After the Notice of Allowance, delete goods or services by using the Post-Publication Amendment form. There is no fee for this form. To restrict, limit, or delete goods or services after the Notice of Allowance, use the Petition to Director form. There is a fee to file a petition.

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)

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 or wait to submit the change with your Statement of Use.

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

Use the Electronic System for Trademark Trials and Appeals (ESTTA), which is handled by the Trademark Trial and Appeal Board. See TBMP §514.01 for more information.