37 CFR § 2.133 - Amendment of application or registration during proceedings.
---identifier: "/us/cfr/t37/s2.133"source: "ecfr"legal_status: "authoritative_unofficial"title: "37 CFR § 2.133 - Amendment of application or registration during proceedings."title_number: 37title_name: "Patents, Trademarks, and Copyrights"section_number: "2.133"section_name: "Amendment of application or registration during proceedings."chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"subchapter_number: "A"subchapter_name: "GENERAL"part_number: "2"part_name: "RULES OF PRACTICE IN TRADEMARK CASES"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067."regulatory_source: "30 FR 13193, Oct. 16, 1965, unless otherwise noted."cfr_part: "2"---
Identifier
/us/cfr/t37/s2.133
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
United States Patent and Trademark Office, Department of Commerce
Authority
15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 10... 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.
# 2.133 Amendment of application or registration during proceedings.(a) An application subject to an opposition may not be amended in substance nor may a registration subject to a cancellation 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 upon motion granted by the Board.(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 application or registration, the Board will allow the party time in which to file a motion that the application or registration be amended to conform to the findings of the 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, as amended at 72 FR 42263, Aug. 1, 2007]