In responding to trademark Office Action, can you make changes to goods and services description?
Applied for a trademark, was declined due to “likelihood of confusion”. Am preparing Response to Office Action and need to know if I can make slight adjustment to the description of the services I will be offering.
A trademark’s goods and services description can be amended to limit or clarify the goods or services. However, an amendment can not be made to broaden the scope of the description.
See the following original sources for additional information:
It can be wise to consult with the Trademark Examining Attorney prior to amending the trademark goods and services description. The Trademark Examiner may or may not agree that your change is broadening or limiting.
The purpose of the goods and services description is to provide nationwide constructive notice. So, the goods and services description provides an important role in this constructive notice. For more information, please see TMEP 201.02.