Share on Facebook
Share on Twitter
Share on LinkedIn
By J.D. Houvener
Patent Attorney and Founder

I’m working on a trademark filing, and I was told to fix the description of my logo and update my class wording. When I opened the amendment form, I saw an option to upload my specimen again. It also showed a spot for the website where the mark appears.

Do I have to add all this again if I already put it in the first application?
I just want to get to the end of the response and download the PDF, but those lines say “no response.”

Any help?

This comes up a lot. Think of it as one amendment with two small tasks.

First, the logo description.
Lately, I’ve been using ChatGPT to draft the short logo description for the USPTO. It’s simple and it usually nails it. The USPTO examiners don’t push back on those short, plain descriptions. For new filings, I follow the examiner’s suggested wording. They’re pretty good at telling you what they want.

Next, the classes and the specimen.
It sounds like they want a substitute specimen. If they don’t move you to a new class, you can often use your old specimen. But if the class changes, you may need to upload it again.

The safest move? Call or email the examining attorney.
They reply fast, and they’ll tell you exactly what they need. If the change is small, they may even handle it on their end with an examiner’s amendment.

If that feels like too much, you can always call Bold. Matt handles these all the time.

One last thing:
Each amendment stands on its own. Don’t count on the USPTO to carry over old files. When in doubt, re-upload. Worst case, they issue another office action and you get another three months to fix it. Everything is fixable if you stay on top of the deadlines.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/