Electronic trademark assignment system (etas)

Record That Trademark Assignment!

Trademark applicants and registrants should monitor the status of their applications or registrations in cases where a notice or action from the USPTO is expected.

What Is a Trademark Assignment Agreement?

Inquiries regarding the status of pending matters should be made during the following time periods:. Should the status inquiry reveal that a document is lost, that no action has been taken regarding correspondence that was submitted, or that some other problem exists, the applicant or registrant must promptly request corrective action. Failure to act diligently and follow up with appropriate action may result in denial of the requested relief.

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The USPTO may deny petitions to reactivate abandoned applications and cancelled registrations when a party fails to inquire about the status of a pending matter within a reasonable time. Written status inquiries are discouraged, because they can delay processing. If additional information regarding the status of an application or registration is required, callers may telephone TAC at or Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States. Anything ordered to be filed under seal pursuant to a protective order issued or made by any court or by the Trademark Trial and Appeal Board in any proceeding involving an application or registration shall be kept confidential and shall not be made available for public inspection or copying unless otherwise ordered by the court or the Board, or unless the party protected by the order voluntarily discloses the matter subject thereto.

When possible, only confidential portions of filings with the Board shall be filed under seal.

Recording a Trademark Assignment

In order to inspect the contents of a trademark application or registration record, it is not necessary to show good cause or to have a power to inspect from the applicant or registrant. The public may also view and print images of the contents of trademark application and registration records in the Public Search Facility on the USPTO premises.

Incoming papers received in the USTPO are scanned into the electronic record and retained for one year, after which they are destroyed. See notice at 77 FR Jan. A request to correct the electronic record regarding a paper scanned into the electronic record should be addressed to tmscanning uspto. Furthermore, the USPTO does not generate paper documents, except for the original notices or Office actions that are by mailed to applicants or registrants who have not authorized communication by email and certified copies of trademark documents requested by the public.

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All documents related to a U. Older paper files for abandoned applications and cancelled and expired registrations may be destroyed two years after the date of abandonment, cancellation, or expiration. There is no charge for use of these databases. There is a fee for printing images of documents in the Public Search Facility.

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However, this is limited to marks that are the subject of trademark registrations or pending applications. Recording your assignment helps to put the public on notice as to ownership of trademark registrations. Ownership will also need to be updated so that trademark renewals can be filed under the proper owner names. Many individuals record trademark assignments to transfer registrations to their business entities. They may not have incorporated their businesses before they filed their applications. Then, because they have incorporated by the time the trademark registration issues, they can assign the registration to their business entity.

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Having your business own the registration makes sense because 1 the registration is an asset of the business, not the individual; and 2 owning the registration as an individual means you may be liable in a trademark infringement lawsuit. However, it is important to note that an application filed on an Intent to Use basis cannot be assigned during the application process without first having use in commerce.

List all of the properties from the original recordation except any properties you want removed from that inaccurate filing. For example, if the original filing listed 10 registration numbers and only 9 should have been associated with the original filing, list the 9 that should have been there, and do not include the registration number that was incorrectly listed.

The erroneously listed property should instead be mentioned in the brief, as discussed above.

The Trademark Assignment Should Be in Writing

No information is available for this page. Use Electronic Trademark Assignment System (ETAS) to request the change. If you're filing a TEAS form within the next week, you may need to.

Document to Upload : The USPTO requires that you upload a single PDF containing: a the original recordation cover sheet, with a line crossing out the inaccurate information that should be excluded from the corrective recordation see below illustration ; and b the original recorded document. Send Print Report.

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Trademark Basics: How to Protect Your Name as a Trademark