TTAB Motion to Amend Application With Consent Template
If somebody has filed a Notice of Opposition against your pending U.S. trademark application, or your client’s U.S. trademark application, and you and the Opposer have reached a settlement that requires amending your trademark, then you can use this template to make the amendment to your trademark.
For example, say the owner of SCHOOLHOUSE ROCK has filed an opposition against your trademark application for SCHOOLHOUSE ROC, but they agree to withdraw their opposition if you amend your trademark to SCHOOLHOUSE OF ROC. You can then use this template to ask the TTAB to amend your trademark, with signatures from both parties.
Alternatively, maybe you are the Opposer and you’ve reached an agreement with the Applicant to change their trademark. In that case, you can send this template to the Applicant for them to submit to the USPTO.
Just fill in the blanks and you have yourself a valid Motion to Amend Application With Consent that you can file with the Trademark Trial and Appeals Board (TTAB). This template has been used successfully by our partner law firm, JPG Legal. It also includes the required Certificate of Service on the last page.
Note that this template is traditionally filed by the Applicant because it’s their trademark that is being amended. We don’t recommend trying to have the Opposer file this.
Please also note that the TTAB and the USPTO usually only allow non-material amendments to marks, such as the addition, removal, or modification of punctuation marks, plurals, possessives, and minor articles or prepositions like “the”, “a”, or “of”.
This template was made with word marks in mind. You should be able to use it for a design mark, but you’d have to tweak it a little and attach the new design to the filing.
Microsoft Word Document (.docx). This file can be opened using the default software on Windows and Mac as well as Google Docs.
Legal Document Template