503.05 Recording Procedure and Recordation Date
Applications and Registrations Under §1 and §44 of the Trademark Act. The recording of documents in the Assignment Recordation Branch of the USPTO is governed by 37 C.F.R. Part 3.
The date of recordation is the date that the USPTO receives a document meeting the requirements for recording. See 37 C.F.R. §3.51. A document that fails to meet the identification requirements in 37 C.F.R. §3.31 will not be recorded. 37 C.F.R. §3.51. Documents not meeting other requirements for recording, e.g., missing a completed cover sheet, will retain the original filing date if the corrected documents are resubmitted within the timeframe specified in the letter returning the documents for correction. Id.
The party recording the document should carefully review the document and cover sheet for accuracy and completeness. The USPTO only examines the materials submitted for form, to determine whether the requirements for recording (see TMEP §503.03(a)-(e)) have been met.
If the materials submitted meet the requirements for recordation, the Assignment Recordation Branch will record the document and cover sheet. Only the data specified on the cover sheet will be entered in the Assignment database. After recording the document and cover sheet, the USPTO will issue a notice of recordation that reflects the data as recorded in the Assignment database. The party recording the document should carefully review the notice of recordation. See TMEP §503.06(a)-(f) regarding correction of errors in a cover sheet or recorded document.
Under 37 C.F.R. §3.51, the USPTO will return documents that do not meet the requirements for recording (e.g., documents submitted without a completed cover sheet, the appropriate fee, or an English translation, where applicable) to the sender for correction. The returned documents, stamped with the original date of receipt in the USPTO, will be accompanied by a notice of non-recordation indicating that, if the returned documents are corrected and resubmitted to the USPTO within a specified period of time, the USPTO will assign the original filing date of the documents as the recordation date. The USPTO will not extend the time period specified in the letter. If the returned documents are corrected and resubmitted after the time specified in the letter, the recordation date is the date on which the USPTO receives corrected documents that meet the requirements for recording. The certificate of mailing procedures of 37 C.F.R. §2.197 and the Priority Mail Express® procedure of 37 C.F.R. §2.198 may be used for resubmitting the returned paper-filed documents, to avoid lateness due to mail delay.
If documents submitted for recording are returned unrecorded by the Assignment Recordation Branch because they do not contain a reference to the good will of the business (see TMEP §503.01), or for some other reason, and the filer believes that the documents accurately reflect the transfer of ownership or the applicable effect on title to the mark as listed in the conveyance field on the cover sheet, the filer may resubmit the documents to the Assignment Recordation Branch and request that the documents be recorded as is. If the documents are returned to the filer again and the filer believes that this was an error, he or she may file a petition to the Director under 37 C.F.R. §2.146. See TMEP §§1702-1708 regarding petitions.
Applicants and registrants can search the Trademark Assignment Search database at on the USPTO website to determine whether an assignment has been recorded.
Section 66(a) Applications and Registered Extensions of Protection. In an application under §66(a) of the Trademark Act or a registered extension of protection, the IB will notify the USPTO of any changes in ownership, including a change of owner name, recorded in the International Register, and of the date of recordation. The USPTO will record only those assignments (or other documents affecting title) that have been recorded in the International Register. See TMEP §501.07 for further information about assignment of §66(a) applications and registered extensions of protection, and §1906.01 and §1906.01(a) for information about recording changes of ownership of international registrations with the IB.
Section 10 of the Trademark Act and 37 C.F.R. Part 3 do not apply to assignments of an international registration. 37 C.F.R. §7.22.