Assignments: Change of Owner & Change of Owner Name
During the examination of a pending trademark application as well as after a trademark has registered, the owner of a trademark may change for various reasons. Some trademark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some trademark owners change their names while retaining ownership. In both instances, the USPTO advises trademark owners to record the ownership transfer (assignment) or (name change) with the Assignment Recordation Branch of the USPTO. [Note: An applicant cannot assign an intent to use application before the applicant files an amendment to allege use under 15 U.S.C. §1051(d) of the Act, except to a successor to the applicant's business, or portion of the business to which the mark pertains, if that business is ongoing and existing. 15 U.S.C. §1060; 37 C.F.R. §3.16.] Recording an Assignment Online
To record an assignment or name change, the owner must file a Recordation Form Cover Sheet along with a copy of the actual assignment or proof of name change. Requests to record documents in the Assignment Recordation Branch can be filed through the Electronic Trademark Assignment System (ETAS) at http://etas.uspto.gov. Locate the current fee schedule at How to Pay Fees to determine the current fee for assignment recordation (Trademark Services Fee Code 8521). Generally, electronically filed assignments are recorded in one business day. PLEASE NOTE: If you make an error in the online assignment submission, contact the Assignment Recordation Branch immediately by telephone at 571-272-3350 from 8:30 a.m. – 5:00 p.m. Eastern Time. They may be able to suspend the recordation. The recordation will be suspended for two days to allow time for submission of a written letter requesting that the recordation be cancelled and that a refund be issued. However, if the assignment has been recorded, it cannot be cancelled. You must follow the...
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