TMEP 813.01(c): Updating the Trademark Database

This is the October 2015 Edition of the TMEP

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813.01(c)    Updating the Trademark Database

All statements in the Trademark database as to whether a mark comprises the name, portrait, or signature of a living individual whose consent is of record will automatically be printed in the Official Gazette and on the certificate of registration. Accordingly, when an examining attorney determines that such a statement should be printed, the examining attorney must ensure that the statement is entered into the database. Where consent is presumed from signature (TMEP §1206.04(b)), the examining attorney must also enter a Note to the File in the record indicating that the statement must be printed.

When an examining attorney determines that such a statement should not be printed, the examining attorney must ensure that the statement is deleted from the database. The examining attorney must also enter a Note to the File in the record indicating that the statement has been deleted. The document containing the information deleted from the Trademark database will remain of record for informational purposes. See TMEP §817 regarding preparation of an application for publication or registration.