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 USPTO website, 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).
Recording an Assignment by Paper
The form for this purpose is # PTO-TM-1594 (Recordation Form Cover Sheet ).
Paper documents and cover sheets to be recorded in the Assignment Recordation Branch should be sent to:
Mail Stop Assignment Recordation Branch
Director of the US Patent and Trademark Office
PO Box 1450
Alexandria, VA 22313-1450
Searching Trademark Assignment database
Submit a trademark query to Assignments on the Web (AOTW).
Assignment Filed by Another Party Against Your Property
For information on the steps one should take when confronted with an assignment filed by another party against your property see http://www.uspto.gov/trademarks/notices/assignment_steps.jsp.
Other Assignment resources
For further information about recording assignments or name changes, see TMEP §§503 et seq. or call the Assignment Recordation Branch at 571-272-3350.
