Do I need to record an Assignment with the USPTO?

A trademark assignment is a transfer of ownership of a trademark from one party to another. This transfer can happen for a variety of reasons, such as a merger, acquisition, or change in business ownership. It’s important to record the assignment with the United States Patent and Trademark Office (USPTO) to ensure that the new owner has the proper legal rights and protection for the trademark.

Recording a trademark assignment with the USPTO is mandatory for a transfer of ownership to be legally recognized and enforceable. The USPTO will not recognize an assignment that has not been recorded. Failing to record the assignment with the USPTO can result in the loss of trademark rights and protection, leaving the new owner vulnerable to infringement by third parties.

In order to record a trademark assignment with the USPTO, the assignor and assignee must complete an assignment form and submit it along with any required documentation and fees. The USPTO will review the submission and, if approved, will record the assignment and update its records to reflect the new ownership.

In conclusion, recording a trademark assignment with the USPTO is an important step in ensuring the proper transfer of ownership and protection of trademark rights. It is recommended to consult with a trademark attorney to assist with the process and ensure compliance with all legal requirements.