806.04(a) Deletion of §1(b) Basis After Publication or Issuance of the Notice of Allowance
If all of the goods/services/classes in an application are based on §1(b) and §44(e), the applicant may file a request to delete the §1(b) basis by amendment at any time, except as set forth below. 37 C.F.R. §2.35(b)(1). No petition to the Director is required to delete a §1(b) basis from a multiple-basis application after publication. To request to delete a §1(b) basis after publication or issuance of the notice of allowance, use the "Request to Delete §1(b) Basis, Intent-to-Use" TEAS form.
If the application has some goods/services/classes based solely on §1(b) and some goods/services/classes based solely on §1(a) or §44(e), and the applicant wants to delete the §1(b) goods/services/classes after publication or issuance of the notice of allowance, the applicant must submit a post-publication amendment requesting the deletion and that the application proceed to registration for the other goods/services/classes that are not based on §1(b). To request to delete the §1(b) goods/services/classes, use the "Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment" TEAS form. For further information on filing post-publication amendments, see TMEP §1505.
If a notice of allowance has issued, the request must be filed: (1) within six months of the issuance date of the notice of allowance, (2) within a previously granted extension of time to file a statement of use, or (3) between the filing date of the statement of use and the date on which the examining attorney approves the mark for registration. The ITU Unit will cancel the notice of allowance, and take the necessary steps to delete the §1(b) basis and schedule the issuance of the registration.