[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.73]

[Page 256]
 
              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), section 44, or section 66(a) 
of the Act may be amended to an application for concurrent use 
registration, provided the application as amended satisfies the 
requirements of Sec. 2.42. The trademark examining attorney 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, as amended at 68 FR 55764, Sept. 26, 2003]