[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.133]

[Page 309]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.133  Amendment of application or registration during proceedings.

    (a) An application involved in a proceeding may not be amended in 
substance nor may a registration be amended or disclaimed in part, 
except with the consent of the other party or parties and the approval 
of the Trademark Trial and Appeal Board, or except upon motion.
    (b) If, in an inter partes proceeding, the Trademark Trial and 
Appeal Board finds that a party whose application or registration is the 
subject of the proceeding is not entitled to registration in the absence 
of a specified restriction to the involved application or registration, 
the Trademark Trial and Appeal Board will allow the party time in which 
to file a request that the application or registration be amended to 
conform to the findings of the Trademark Trial and Appeal Board, failing 
which judgment will be entered against the party.
    (c) Geographic limitations will be considered and determined by the 
Trademark Trial and Appeal Board only in the context of a concurrent use 
registration proceeding.
    (d) A plaintiff's pleaded registration will not be restricted in the 
absence of a counterclaim to cancel the registration in whole or in 
part, except that a counterclaim need not be filed if the registration 
is the subject of another proceeding between the same parties or anyone 
in privity therewith.

[54 FR 37597, Sept. 11, 1989]

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