I’ve Messed Up My Trademark Application. How Do I Drop/cancel It So I Can File A New One?
Friday, January 22nd, 2010 at
2:33 am
Is it possible to just cancel the application (i know fees are non refundable) and file a new application instead? The issue has come from selecting the wrong classification for the mark, and the USPTO attorney has highlighted a conflict with an existing mark already. This is for an American trademark. Thanks in advance.
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Tagged with: Application. • Drop/cancel • File • I've • Messed • Trademark
Filed under: Attorney FAQ
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You can revise the classification through an amendment without having to file a new application.
See TMEP 1401.03(b): “Upon examination, the classification must be amended if the class numbers are incorrect. When the examining attorney requires or recommends an amendment of the identification of goods or services that would necessitate an amendment of the classification, the examining attorney should also require that the classification be amended.”http://lawmart.com/searches/TMEP-1400.ht…
the wrong thing im asking