T.M.E.P. § 504
Automatic Updating Ownership of Trademark Applications and Registrations in Trademark Databases
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.
For more information on trademark law, please see the Trademark Section of BitLaw.
Previous Section (§503.08) | Next Section (§504.01)
504 Automatic Updating Ownership of Trademark Applications and Registrations in Trademark Databases
Prior to November 2, 2003, recording a document with the Assignment Services Division of the USPTO did not automatically change the ownership record in the Trademark Database. To change the ownership record in the Trademark Database, a new owner had to notify the Trademark Operation that ownership had changed. 37 C.F.R. 3.85. The Trademark Database includes the TRAM System and the TARR database.
Effective November 2, 2003, except in the limited circumstances set forth in TMEP §504.01 , the USPTO will automatically update the ownership information in the Trademark Database of registrations and pending applications when one of the following documents is recorded with the Assignment Services Division:
- Assignment of entire interest and goodwill
- Nunc Pro Tunc Assignment of entire interest and goodwill
- Merger
- Name Change
In these situations, it is unnecessary for the new owner to notify the Trademark Operation of the change of ownership, or to file a request in a pending application that the certificate of registration issue in the name of the new owner. In all other situations, the new owner must notify the Trademark Operation that ownership has changed in order to update the ownership information in TRAM and TARR.
To ensure that the Trademark Database is automatically updated, the party filing the assignment, merger or name change should identify the "Nature of the Conveyance" by checking the "Assignment," "Merger" or "Name Change" box in the "Nature of Conveyance" field and should not check the "Other" box.
The Trademark Database will show only the last recorded owner, not the complete chain of title. The complete chain of title can be obtained from the Assignment Services Division's database on the USPTO website at http://assignments.uspto.gov/assignments. The ownership field in the Trademark Database will be automatically updated regardless of whether the records of the Assignment Services Division show a clear chain of title transferring ownership to the last recorded owner. The Trademark Database will include the reel and frame number and execution date of the recorded document, as well as a notation to "Check Assignments." Both examining attorneys and trademark owners should check assignment records to ensure that the owner of record in the Trademark Database has a clear chain of title.
Trademark owners can check the TARR database at http://tarr.uspto.gov to determine whether the Trademark Database has been updated.