TMEP 505.02: Request to Update Ownership Information After Registration

October 2017 Edition of the TMEP

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505.02    Request to Update Ownership Information After Registration

If the new owner does not identify the assignment conveyance document properly (see TMEP §504), or in the situations described in TMEP §504.01, the Trademark database will not automatically update to show the changes in ownership. To have the Trademark database updated, the new owner must either: (1) file a written request to amend the registration pursuant to §7(d) of the Trademark Act, 15 U.S.C. §1057(d);  or (2) include the new owner information when submitting a post registration maintenance filing pursuant to §8 or §9 of the Trademark Act, 15 U.S.C. §1058   or §10.9.

The TEAS form entitled "Section 7 Request for Amendment or Correction of Registration Certificate" should be used to file the request to update the ownership information in the Trademark database. See TMEP §502.03 regarding issuance of a new certificate in the name of the new owner. Thus, if the new owner of the registration is not taking a post registration action, such as filing a §8 affidavit, and wishes to update the ownership records, the owner must:

  • (1) Record the appropriate document (e.g., assignment, change of name) with the Assignment Recordation Branch;
  • (2) File a written request that the Trademark database be updated under §7(d), signed by the new owner, someone with legal authority to bind the new owner (e.g., a corporate officer or general partner of a partnership), or a qualified practitioner; and
  • (3) Pay the required fee (37 C.F.R. §§2.6(a)(8) and 3.41).

15 U.S.C. §1057(d);  37 C.F.R. §§2.171(a) and 3.85.  If a proceeding regarding the application has been initiated at the TTAB, the request to update ownership information should be filed with the TTAB. The USPTO’s Trademark records must show clear chain of title from the original registrant to the new owner. See TMEP §502.03.