An application that includes section 1(a) of the Trademark Act as a filing basis, or for which an acceptable allegation of use under Sec. 2.76 or Sec. 2.88 has been filed, may be amended to an application for concurrent use registration, provided that the application as amended meets the requirements of Sec. 2.42. The trademark examining attorney will determine whether the application, as amended, is acceptable. [73 FR 67770, Nov. 17, 2008]