TMEP 1613.07(d): Changes of Name

October 2017 Edition of the TMEP

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1613.07(d)    Changes of Name

A mere change of the name of a party is not a change of entity and will not require an inquiry regarding ownership, if there is clear title in the party who filed the §71 affidavit or declaration.  Therefore, if the holder records a change of name with the IB and subsequently files the §71 affidavit or declaration in its former name, the USPTO will not issue an inquiry regarding ownership.

However, if it is unclear from USPTO records whether the party who filed the affidavit or declaration is the holder of record, the holder must record appropriate documentation of the change of name with the IB. See37 C.F.R. §7.22; TMEP §1613.07(b).  Actual evidence cannot be submitted to the USPTO to establish ownership of an extension of protection.