TMEP Change Summary
CHANGES: INDEX TO CHANGES IN TMEP May 2026
Published May 1, 2026United States Patent and Trademark Office
Attention is directed to the following changes in the May 2026 TMEP.
| SECTION | CHANGE |
|---|---|
| TMEP | Incorporated changes in accordance with final rule issued at 90 FR 47592 (International Trademark Classification Changes) and relevant precedential decisions reported prior to February 28, 2026. |
| 502.03 | Clarified procedure for correcting errors in recorded assignments. |
| 611.01(c)(ii) | Miscellaneous text edits. |
| 707.02 | Revised to add that the examining attorney has discretion to amend the application by examiner’s amendment without prior approval to remove an unnecessary disclaimer of matter not part of the mark. |
| 710.01(c) | Added case citation. Miscellaneous text edits. |
| 803.03(i) | Revised to align with the trademark electronic filing system. |
| 803.04 | Revised to align with the trademark electronic filing system. |
| 807.07(b) | Clarified procedure for an application based on a foreign registration that depicts the mark in color, but does not include a color claim or description. Miscellaneous text edits. |
| 807.07(d)(ii) | Miscellaneous text edits. |
| 807.12(a) | Miscellaneous text edit. |
| 807.12(b) | Clarified procedure for when an application is based on a foreign registration that features color. |
| 807.12(c) | Miscellaneous text edit. |
| 809.01(b)(iii) | Miscellaneous text edit. |
| 809.02 | Miscellaneous stylistic edit. |
| 812 | Revised to align with trademark electronic filing system. |
| 815.03 | Added case citation. |
| 904.03 | Miscellaneous text edit. |
| 1002.03 | Added case citation and clarified establishment of reciprocity between the United States and a foreign country. Miscellaneous text edits. |
| 1011.01 | Clarified procedures for when an application or foreign registration on which it is based features color. Miscellaneous text edits. |
| 1207.01(b) | Added case citation. Miscellaneous text edits. |
| 1207.01(b)(iv) | Added case citations. Miscellaneous text edits. |
| 1207.01(b)(vi) | Added case citation. Miscellaneous text edits. |
| 1207.01(b)(vi)(A) | Added case citation. Miscellaneous text edits. |
| 1207.01(b)(vi)(B) | Added case citation. Miscellaneous text edits. |
| 1207.01(d)(iv) | Added case citation. Miscellaneous text edits. |
| 1207.01(d)(viii) | Added case citation. Miscellaneous text edits. |
| 1208.03(b) | Deleted citation to removed rule. Miscellaneous text edits. |
| 1209.03(a) | Miscellaneous stylistic edit. |
| 1209.03(r) | Added case citation. Miscellaneous text edits. |
| 1209.03(v) | Added case citation. Miscellaneous text edits. |
| 1212.05(a) | Deleted case citation. |
| 1306.05(h) | Miscellaneous text edits. |
| 1401.02(a) | Updated references to current version of Nice Agreement. Updated General Remarks for current version of Nice Agreement. |
| 1401.05(a) | Miscellaneous text edits. |
| 1401.05(c) | Miscellaneous text edits. |
| 1401.10(a) | Miscellaneous text edit. |
| 1401.12 | Updated to reference current version of Nice Agreement. |
| 1401.13(d) | Miscellaneous text edit. |
| 1401.15(b) | Miscellaneous text edits. |
| 1401.15(c) | Miscellaneous text edit. |
| 1401.15(d) | Miscellaneous text edit. |
| 1401.15(e) | Miscellaneous text edit. |
| 1401.16 | New section: Summary of Major Changes in Practice Based on the 13th Edition of Nice Agreement. |
| 1401.16(a) | New section: Eyeglasses, Spectacles, Sunglasses, and Contact Lenses. |
| 1401.16(b) | New section: Essential Oils. |
| 1401.16(c) | New section: Emergency and Rescue Vehicles. |
| 1402.01(c) | Clarified meaning of "filing date" for requests for extension of protection. |
| 1402.03(a) | Deleted reference to replacement parts. Clarified classification of structural parts. |
| 1402.03(e) | Miscellaneous text edit. |
| 1402.05(b) | Miscellaneous text edit. |
| 1402.11 | Miscellaneous text edit. |
| 1402.11(a)(vi) | Miscellaneous text edit. |
| 1402.11(a)(ix) | Miscellaneous text edit. |
| 1501.02(b) | Added case citation. Miscellaneous text edits. |
| 1503.01 | Added case citation. Miscellaneous stylistic and text edits. |
| 1503.04 | Added case citation. Miscellaneous text edits. |
| 1604.11 | Miscellaneous text edits. |
| 1607 | Added case citation. Miscellaneous text edits. |
| 1609.10(b) | Clarified procedure for correcting errors in recorded assignments. |
| 1612.02 | Clarified procedure for recognizing an attorney post registration. |
| 1613.11 | Added case citations. Miscellaneous text edits. |
| 1715.05 | Miscellaneous text edit. |
| 1904.02(c)(i) | Miscellaneous text edit. |
| Appendix B | Clarified establishment of reciprocity between the United States and a foreign country. |