T.M.E.P. § 1606.06
Ownership, and Who May File ¤9 Renewal Application

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1606.06 Ownership, and Who May File §9 Renewal Application

The Trademark Act and the Trademark Rules of Practice do not require that a renewal application be filed by the owner of the registration.

Therefore, if the renewal applicant is not the owner of record, the USPTO does not require that the renewal applicant show continuity of title from the original registrant before granting renewal.

However, registrations are renewed in the name of the party who is the owner of record of the registration, as shown in the automated records of the Trademark Operation (i.e., TRAM, TARR, X-Search and TESS). The registration will be renewed in the name of the new owner only if the owner: (1) records an assignment or other document of title with the Assignment Services Division; and (2) notifies the Post Registration examiner at the time the renewal application is filed that the document has been recorded with the Assignment Services Division. See TMEP §§504 et seq. regarding the circumstances in which the ownership field in the trademark databases will be automatically updated after recordation of a document with the Assignment Services Division, even if the new owner does not notify the Trademark Operation that the document has been recorded.

See TMEP §502.03 regarding issuance of a new certificate in the name of a new owner.