1306.06(f)(vi)   Amendment to Different Type of Mark

If an application is filed to register a mark as a certification mark and the mark is actually another type of mark, or if an application is filed to register a mark as another type when it is actually a certification mark, the application may be amended to request registration as the proper type of mark.  It is preferred that the applicant completely rewrite the application to provide a clean copy, rather than amend the original documents.  Also, the application should be re-executed because some essential allegations differ for the different types of marks.

Applications for certification marks, collective marks, and collective membership marks cannot be filed using TEAS Plus.  37 C.F.R. §2.22(c).  Therefore, in a TEAS Plus application, an additional TEAS Plus processing fee will be required if the mark is amended to a collective, collective membership, or certification mark.  See TMEP §819.01(a).