T.M.E.P. § 504.01
Circumstances in Which Trademark Database Will Not be Automatically Updated
Executive summary:
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504.01 Circumstances in Which Trademark Database Will Not be Automatically Updated
In the circumstances discussed below, the USPTO will not automatically update the Trademark Database to show the change in ownership, even if the appropriate document is recorded in the Assignment Services Division on or after November 2, 2003. In these situations, the applicant must notify the Trademark Operation that the assignment or other title document has been recorded and request that the Trademark Database be updated to show title in the new owner. 37 C.F.R. 3.85; TMEP §§502.02 et seq. and 502.03.
(1) Execution Date Conflicts With Previously Recorded Document. If a previously recorded assignment, merger or change of name document for the same application or registration has an execution date that is the same as or later than the execution date of the subsequently recorded document, the Trademark Database will not be automatically updated. Office personnel will have to review the assignment records and update the database manually.
(2) Blackout Period: Ownership of Pending Applications Cannot be Updated During Certain Time Periods. The Trademark Database will not be automatically updated to show a change of ownership during the following stages of the registration process:
(a) For §1(a) and §44 applications:
- Between approval for publication and issuance of registration
(b) For §1(b) applications:
- Between approval for publication and issuance of notice of allowance; and
- Between approval for registration and issuance of registration
(3) Maximum Number of Ownership Changes. The Trademark Database will not be automatically updated if the maximum number of ownership changes permitted for the following time periods has been reached:
- Prior to publication - up to nine changes of ownership