TMEP 505.01: Request to Update Ownership Information in Pending Application

This is the October 2015 Edition of the TMEP

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505.01    Request to Update Ownership Information in Pending Application

Prior to registration, a request to update the ownership information in the Trademark database should be made in writing and directed to the examining attorney. To expedite processing, new owners are encouraged to file the request online using the Trademark Electronic Application System (“TEAS”), available on the USPTO website at http://www.uspto.gov/trademarks/teas/. To notify the Trademark Operation of a request before an application is approved for publication, the request may be submitted using the TEAS form entitled “Voluntary Amendment Not in Response to USPTO Office Action/Letter.” If such a request is filed after an application is published for opposition but before the notice of allowance or registration has issued, it may be submitted using the TEAS form entitled “Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Form,” and will be handled in accordance with standard procedures for processing amendments after publication, as set forth in TMEP §§1505.01(a)-1505.01(f). If a proceeding regarding the application has been initiated at the TTAB, the request to update ownership information should be filed with the TTAB.

In a §1(b) application, after issuance of the notice of allowance, if the Trademark database has not been automatically updated, the notification of the change in ownership should be made when filing the statement of use or a request for extension of time for filing a statement of use. See 37 C.F.R. §2.77; TMEP §1107. To update the Trademark database prior to submitting these documents, the applicant may file a petition to the Director pursuant to Trademark Rule 2.146 to allow the change to be entered. See 37 C.F.R. §§2.77(b), 2.146 TMEP §§1107-1107.01.

See TMEP §§502.02(a) and (b) regarding issuance of a certificate of registration in the name of the new owner.