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[fb]

Recently did a pro-se TM ITU application for something like "BAT Phone" for a niche classification. Am thinking now that I could just register "BAT" instead, since BAT is not used at all in the class. Would it be better to submit a new application for "BAT", or modify the current one instead?

[chugan]

Recently did a pro-se TM ITU application for something like "BAT Phone" for a niche classification. Am thinking now that I could just register "BAT" instead, since BAT is not used at all in the class. Would it be better to submit a new application for "BAT", or modify the current one instead?

Well, as a practical matter, I think you will receive an office action requiring you to disclaim the word "phone" anyways.  So, you may be left with only "BAT" and a little more jingle in your pocket.

http://nashbillies.wordpress.com/

[JSonnabend]

And you can't "modify" a mark once filed, unless the modification is non-substantive.  Your proposed change would be substantive, I believe.

- Jeff

[fb]

Well we've started using the BAT mark in commerce, so it sounds like I should just wait for the OA disclaimer request. After the disclaimer is filed, will it be the same as if I'd just filed BAT by itself originally?