IP: USPTO seeks comments on amendments to identifications of goods and services

The technology revolution has forced a change in USPTO identification standards

As technology advances, it is not unusual for products to change their form or the manner of their delivery but still be seen as the same, or at least analogous, products in the eyes of the consumer. For instance, computer programs started out as being delivered on punch cards, and transitioned to magnetic tape, then to floppy disks, hard disks, CDs and DVDs. Now, computer software is downloaded wirelessly or hosted in the cloud.

Section 7(e) of the Trademark Act, allows a registration based on an application under §1 or §44 of the Trademark Act to be amended, provided the amendment does not materially alter the character of the mark. With respect to the identification of goods/services, pursuant to 37 CFR § 2.173(e), no amendment to the identification of goods in a registration will be accepted if the amendment would "change it in ways that would require republication of the mark."

Contributing Author

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John McElwaine

John C. McElwaine is a partner and intellectual property attorney at Nelson Mullins Riley & Scarborough, LLP (Charleston, S.C.). He devotes his practice to Internet,...

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