C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 2—RULES OF PRACTICE IN TRADEMARK CASES

37 C.F.R. § 2.75

Amendment to change application to different register

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(a) An application for registration on the Principal Register under section 1(a) or 44 of the Act may be changed to an application for registration on the Supplemental Register and vice versa by amending the application to comply with the rules relating to the appropriate register, as the case may be.

(b) An application under section 1(b) of the Act may be amended to change the application to a different register only after submission of an acceptable amendment to allege use under § 2.76 or statement of use under § 2.88. When such an application is changed from the Principal Register to the Supplemental Register, the effective filing date of the application is the date of the filing of the allegation of use under section 1(c) or 1(d) of the Act.

(c) In an application under section 66(a) of the Act, the applicant may not amend the application to the Supplemental Register.

[54 FR 37593, Sept. 11, 1989, as amended at 68 FR 55765, Sept. 26, 2003]
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: T.R.P. Co., Inc. v. Similasan AG (D. Nev. 2020).
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T.R.P. Co., Inc. v. Similasan AG (D. Nev. 2020). “” 15 U.S.C. § 1052 (e)–(f). In the meantime, such marks may be registered 23 in the supplemental register, which does not allow for intent-to-use applications.”
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