Can You Change a Trademark After Filing?
Filing a trademark is a big milestone for any business—but what happens if something needs to change after you’ve submitted the application? Maybe your business has shifted slightly, or you realized a tweak is needed. This is a common concern for small business owners, startups, and entrepreneurs. So, let’s answer the question: Can you change a trademark after filing?
The short answer is: it depends. While some changes are possible, there are firm rules around what you can change, when you can change it, and how.
Changes After Filing Are Limited
Once your application is submitted to the United States Patent and Trademark Office (USPTO), your options to revise it become limited—especially as it moves forward in the review process. The USPTO takes the integrity of your application seriously, so even small edits must follow specific rules.
Minor Changes Allowed After Approval, Before Registration
If your examining attorney has approved your trademark for publication but it hasn’t been registered yet, you can request certain minor changes using a form called the Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment.
Some acceptable changes include:
- Restricting, limiting, or deleting goods and services (but you can’t add new ones).
- Making immaterial changes to your trademark, such as correcting a typo or formatting issue—so long as the overall impression of the trademark stays the same.
- Adding a disclaimer for generic words you’re not claiming exclusive rights to (e.g., disclaiming the word “Bakery” in “Buttercup Moon Bakery”).
These are considered minor and won’t affect the core identity of your trademark.
What You Can’t Change
There are firm lines you can’t cross when it comes to changing trademark application information.
You cannot:
- Add new goods or services to your application.
- Expand the scope of your existing goods or services.
- Make material changes to your trademark that alter its overall impression.
Any of these would require starting a new trademark application from scratch.
Timing Depends on Your Filing Basis
The ability to amend a trademark application depends on the filing basis. If your application is based on intent to use, changes are allowed until you receive a Notice of Allowance. After that, you must wait and include changes in your Statement of Use.
If your application uses a different filing basis, your window for requesting changes is limited to the time before publication. If your amendment request isn’t processed in time, your trademark will publish as-is.
Changing or Deleting a Filing Basis
If you want to delete or change a filing basis, especially in an intent-to-use application, you can do so—if an alternate basis has already been established. If you’re dropping the intent-to-use basis altogether, the Delete Section 1(b) Basis form is the way to go.
In some cases, it may make sense to file a Request to Divide Application. This allows certain goods or services to proceed in a “child” application while others remain in the original application. This is especially useful when different filing bases are involved.
Changing Ownership or Attorney Info
If you’ve sold your business or changed your legal name, that update is made through the Assignment Center. This is also where you’d update or replace your attorney of record.
After Registration: Section 7 Amendments
Even after your trademark is registered, you’re not stuck. You can file a Section 7 Request to correct or amend certain aspects of your registration. But again, the changes must be minor.
Need Help Navigating Changes?
The trademark process can feel overwhelming—especially when changes are involved. Whether you need to amend your application or aren’t sure if a change is allowed, TradeMark Express is here to help.
Contact us today for a comprehensive trademark search and professional trademark application preparation.