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USPTO Tests Allowing "Technology Evolution Amendments" to Goods and Services IDs
Practical Law Legal Update 9-618-5267 (Approx. 3 pages)
USPTO Tests Allowing "Technology Evolution Amendments" to Goods and Services IDs
by Practical Law Intellectual Property & Technology
| Published on 02 Sep 2015 • USA (National/Federal) |
The US Patent and Trademark Office (USPTO) has begun a pilot program allowing amendments to trademark registration identifications of goods and services, subject to certain limitations, if evolving technology has made it impossible to show use of the mark with the goods and services in their original form.
On September 1, 2015, the USPTO announced a pilot program allowing certain amendments to trademark registration identifications of goods and services that it previously would have rejected as impermissibly broad. Effective immediately, a registrant may petition to amend its registration where evolving technology has changed how the registration's goods and services are sold or provided, making it impossible for the registrant to show use of the mark with those goods and services in their original form. Examples of amendable technology may include:
- Phonograph records.
- Prerecorded video cassettes.
- Floppy discs.
- Printed books.
The USPTO's announcement contains information for trademark registrants detailing how to petition for a Technology Evolution Amendment, including:
- Amendment requirements.
- Petition requirements, such as a declaration and a petition fee.
- Third-party harm considerations.
- Examples of acceptable and unacceptable amendments.
The USPTO website also provides a sample declaration for submission with the petition.
There is no announced end for the program.