TMEP 1606.06: Ownership and Who May File §9 Renewal Application

This is the October 2015 Edition of the TMEP

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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.

However, registrations are renewed in the name of the party who is the owner of record of the registration, as shown in the Trademark database. The registration will be renewed in the name of a new owner only if the owner: (1) records an assignment or other document of title with the Assignment Recordation Branch; and (2) notifies the Post Registration staff at the time the renewal application is filed that the document has been recorded with the Assignment Recordation Branch. See TMEP §§504 et seq. regarding the circumstances in which the “Ownership” field in the Trademark database will be automatically updated after recordation of a document with the Assignment Recordation Branch, 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.