1609.04 Amendment of Classification
Classification of Goods/Services in Registered Extension of Protection Cannot be Amended Under §7
The classification of goods/services in a registered extension of protection of an international registration to the United States cannot be amended under §7 of the Trademark Act. 37 C.F.R. §2.85(d); TMEP §§1401.03(d) and 1609.01(a) . However, the holder of a registered extension of protection may request to amend the registered extension of protection to surrender class(es). See TMEP §1904.13(a) .
Amendment of Registration Based on §1 or §44 Application
In a registration that issued based on an application under §1 or §44 of the Trademark Act, the classification of the goods/services may be amended under §7 of the Trademark Act, if the requested international classification is consistent with the current version of the Nice Agreement . 37 C.F.R. §2.85(e)(3). In such a case, the USPTO will amend the international classification of goods/services and issue an updated registration certificate with the new classification noted.
The owner of a registration may reclassify registrations from multiple United States classes into a single international classification. For example, goods in United States classes 21 and 26 often fall into only International Class 9. Hence, an owner can request an amendment from United States classes 21 and 26 into International Class 9. If the owner reclassifies any of the goods/services in this manner, the owner must reclassify all the goods/services in the registration to the international classification system. 37 C.F.R. §2.85(e)(3).
The amendment must include the fee required by 37 C.F.R. §2.6 for §7 amendments.