[Code of Federal Regulations] [Title 37, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 37CFR2.73] [Page 289] TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents Sec. 2.73 Amendment to recite concurrent use. (a) An application under section 1(a) of the Act may be amended so as to be treated as an application for a concurrent registration, provided the application as amended satisfies the requirements of Sec. 2.42. The examiner will determine whether the application, as amended, is acceptable. (b) An application under section 1(b) of the Act may not be amended so as to be treated as an application for a concurrent registration until an acceptable amendment to allege use under Sec. 2.76 or statement of use under Sec. 2.88 has been filed in the application, after which time such an amendment may be made, provided the application as amended satisfies the requirements of Sec. 2.42. The examiner will determine whether the application, as amended, is acceptable. [54 FR 37593, Sept. 11, 1989]