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An examiner can only amend a trademark application if there’s an agreement between the trademark examining attorney and the applicant. The examiner’s amendment is a written confirmation of the agreement and also serves as notice that the amendment will be made.

The examining attorney will make the amendment after consultation with an applicant or the applicant’s attorney. An examiner’s amendment ordinarily does not need a response because at that point the examiner and the applicant have agreed that the trademark application is in position for allowance based upon the amendment.

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