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Client Alert Regarding Changes to Trademark Registration Coverage

October 15, 2015

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In early September 2015, the U.S. Patent and Trademark Office (USPTO) commenced a pilot program that permits trademark registrants to amend the goods/services coverage of their existing registrations or pending applications without forfeiting the priority provided by the underlying application filing date, claimed dates of first use, and/or registration grant date.  In some cases the amendment may actually expand coverage beyond the existing identification, an exception to the normal rule that once an application is filed or registration granted, coverage can only be narrowed, never expanded.  While at first glance this might be viewed as an opportunity to audit your existing U.S. trademark portfolio and improve coverage or fill “gaps” without penalty, the program has some significant limitations.

This alert is for informational purposes only and is not legal advice and may not be adequate or appropriate for a specific situation or circumstances. Please do not hesitate to contact Cantor Colburn if you have any questions or would like to discuss your situation in depth.

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