505.02 Request to Update Ownership Information After Registration
For registrations, even if the new owner records the appropriate document with the Assignment Recordation Branch and notifies the Trademark Operation that ownership has changed, the Post Registration Section will not update the Trademark database with new owner information, unless either: (1) the owner of the registration files a written request to amend the registration pursuant to §7(d) of the Trademark Act, 15 U.S.C. §1057(d); or (2) the owner takes an action, such as filing a §8 affidavit or §9 renewal application.
Thus, if the owner of the registration is not taking an action such as filing a §8 affidavit, 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. Office records must show clear chain of title from the original registrant to the new owner. See TMEP §502.03.
The owner must file a §7 request to amend the registration even if the registrant does not want a new registration certificate but only wishes the Trademark database to be updated. See TMEP §502.03 regarding issuance of a new certificate in the name of the new owner.
To expedite processing, new owners are encouraged to use the Trademark Electronic Application System ("TEAS") form entitled "Section 7 Request for Amendment or Correction of Registration Certificate," available on the USPTO website at http://www.uspto.gov, to file the request to update the ownership information in the Trademark database.