TMEP 1505.03(b): When Republication Is Not Required

October 2017 Edition of the TMEP

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1505.03(b)    When Republication Is Not Required

Republication is not required after entry of acceptable post-publication amendments in the following situations:

  • The mark is amended, and the USPTO determines that the amendment is not a material alteration of the mark;
  • A multiple-basis application is amended to delete a §1(b) basis;
  • The priority filing date under §44(d) (see TMEP §1003) is corrected to an earlier date;
  • Identification is amended to adopt an identification that is narrower in scope than the published identification and there is no material difference in the nature of the goods/services/collective membership organization (e.g., republication is not required if the mark published for "shoes" in Class 25 and the applicant amends to "shoes, namely, running shoes" in Class 25);
  • An application that published on the Principal Register is amended to the Supplemental Register;
  • The filing date ( see TMEP §§206 et seq.) is amended to an earlier date ( Note :  The filing date change must be approved by the Office of the Deputy Commissioner for Trademark Examination Policy.);
  • The date(s) of first use or date(s) of first use in commerce is amended to adopt a date(s) that is earlier than the date(s) originally stated;
  • The goods/services/collective membership organization published in the wrong class;
  • A disclaimer is added;
  • A §2(f) claim is added;
  • The applicant’s name, citizenship, or entity type is amended to correct an inadvertent error;
  • In a §1(b) application for which a statement of use has been filed, either the date(s) of first use or the date(s) of first use in commerce is amended to a date(s) that is later than the date(s) stated (but earlier than the statutory deadline for filing the statement of use);
  • An amendment to show the dates of use in one or more classes for a multiple-class application that published without the dates showing in those classes, when the dates of use appeared on the allegation of use and are the same as or earlier than those that published for the other classes.
  • A statement of concurrent use is added.