T.M.E.P. § 503.05
Recording Procedure and Recordation Date
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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503.05 Recording Procedure and Recordation Date
Applications and Registrations Under §1 and §44 of the Trademark Act
The recording of documents in the Assignment Services Division of the Office is governed by 37 C.F.R. Part 3.
To expedite recordation, new owners are encouraged to file requests for recordation through the USPTO website, at http://etas.uspto.gov. Using ETAS, a new owner can create and submit a Trademark Assignment Recordation Coversheet by completing an online form, and attach the supporting legal documentation as a TIFF image for submission via the Internet. Documents filed electronically are recorded much faster than paper documents.
The date of recordation is the date that the USPTO receives a cover sheet that meets the requirements of 37 C.F.R. 3.31 and a document affecting title that meets the requirements of 37 C.F.R. 3.25. 37 C.F.R. 3.51.
The party recording the assignment (or other document affecting title) should carefully review the assignment or other document and cover sheet for accuracy and completeness. The Assignment Services Division does not examine the substance of documents submitted for recording or compare the cover sheet with the supporting documents. Rather, the USPTO merely examines the materials submitted for form, to determine whether the requirements for recording (see TMEP §§503.03 et seq.) have been met.
If the materials submitted meet the requirements for recordation, the Assignment Services Division will record the document and cover sheet. Only the data specified on the cover sheet will be entered in the Assignment Database. After recording the document and cover sheet, the USPTO will issue a notice of recordation that reflects the data as recorded in the Assignment Database. The party recording the document should carefully review the notice of recordation. See TMEP §§503.06 et seq. regarding correction of errors in a cover sheet or recorded document.
Under 37 C.F.R. 3.51, the USPTO will return papers that do not meet the requirements for recording (e.g., documents submitted without a completed cover sheet, the appropriate fee, or an English translation, where applicable) to the sender for correction. The returned papers, stamped with the original date of receipt in the USPTO, will be accompanied by a letter indicating that, if the returned papers are corrected and resubmitted to the USPTO within a specified period of time, the USPTO will consider the original filing date of the papers as the recordation date of the document. The USPTO will not extend the time period specified in the letter. If the returned papers are corrected and resubmitted after the time specified in the letter, the recordation date is the date the USPTO receives corrected papers that meet the requirements for recording. The certificate of mailing procedure of 37 C.F.R. 2.197 and the "Express Mail" procedure of 37 C.F.R. 2.198 may be used for resubmitting the returned papers, to avoid lateness due to mail delay.
If papers submitted for recording are returned unrecorded by the Assignment Services Division, and the submitter believes that the papers were returned in error, he or she may file a petition under 37 C.F.R. 2.146. See TMEP §§1702 through 1708 regarding petitions.
Applicants and registrants can search the Assignment Services Division's database on the USPTO website at http://assignments.uspto.gov/assignments/ to determine whether an assignment has been recorded.
Section 66(a) Applications and Registered Extensions of Protection
In an application under §66(a) of the Trademark Act or a registered extension of protection, the IB will notify the USPTO of any changes in ownership recorded in the International Register, and of the date of recordation. The USPTO will record only those assignments (or other documents affecting title) that have been recorded in the International Register. See TMEP §501.07 for further information about assignment of §66(a) applications and registered extensions of protection, and TMEP §§1906.01 and 1906.01(a) for information about recording changes of ownership of international registrations with the IB.
Section 10 of the Trademark Act and 37 C.F.R. Part 3 do not apply to assignments of an international registration. 37 C.F.R. 7.22.