T.M.E.P. § 503.01
Effect of Recording a Document

Executive summary:

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503.01 Effect of Recording a Document

37 C.F.R. 3.54. Effect of recording. The recording of a document pursuant to §3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration. When necessary, the Office will determine what effect a document has, including whether a party has the authority to take an action in a matter pending before the Office.

Recording a document with the Assignment Services Division does not necessarily change the ownership of record shown in TRAM. See TMEP §504 and 504.01 regarding the circumstances in which the Trademark Database will be updated automatically upon recordation of an assignment, change of name, or other document transferring title. In all other cases, the new owner must notify the Trademark Operation of the recordation of a document, and request that the Trademark Database be updated manually. See TMEP §§502.02 et seq. and 502.03 regarding issuance of a certificate of registration in the name of a new owner.

The Assignment Services Division does not examine the substance of documents submitted for recording. The act of recording a document is a ministerial act, and not a determination of the document's validity or of its effect on title to an application or registration. The USPTO will determine the effect of a document only when an assignee attempts to take an action in connection with an application or registration (e.g., when an assignee files a statement of use under 15 U.S.C. 1051(d)(1) or an affidavit or declaration of use under 15 U.S.C. 1058). 37 C.F.R. 3.54.

Recording a document with the Assignment Services Division does not constitute a response to an Office action.

If an assignment is conditional on a given act or event at the time of its execution, the USPTO will view the submission of the assignment for recordation as an indication that the act or event has occurred. See 37 C.F.R. 3.56.