TMEP 503.06(e): Recorded Documents Not Removed from Assignment Records

October 2017 Edition of the TMEP

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503.06(e)    Recorded Documents Not Removed from Assignment Records

Except in situations where typographical errors have been corrected following the procedures set forth in TMEP §503.06(c), once an assignment or other document is recorded against an application or registration, the Assignment Recordation Branch will not remove the document from the records relating to that application or registration in the Assignment database, even if the assignment or other document is subsequently found to be invalid.

The goal of the USPTO is to maintain a complete history of claimed interests in a mark.  Since the act of recording a document is not a determination of the document's validity, maintaining a complete record of claimed interests does not preclude an owner from using a mark, or from establishing its ownership of the mark in a proper forum, such as a federal court. In re Ratny, 24 USPQ2d 1713 (Comm'r Pats. 1992).