[E-trademarks] Recorded Assignment not Reflected in Current Owner Information

[Diane Gardner]

Yes…Section 504.01. But the applications in question do not meet the criteria.

Since the CAR form requests the recordation reel/frame info, maybe that will prompt someone to update the owner info. I’m not holding my breath, however.

I’m assuming that we will have to file requests to update the information, but oddly the TMEP indicates that the APPLICANT rather than the new OWNER must make the request under Section 504.01.  This is in conflict with Section 502.02(a), which states that the new OWNER must make the request (under this section, for the registration to be issued in the name of the new owner).

Section 505.01 also refers to the APPLICANT being required to make the request at the time the Statement of Use is filed with a request to the TEA, or if requesting before the submission of Statement of Use, by Petition to the Director. Surely, they must mean the new OWNER.

I think I’m just going to phone the TEA and see how they want it handled. It really irks me that we have to jump through these hoops when the applications should have been updated automatically.

Kind regards,

Diane L. Gardner
Reg. No. 36,518
_____________________________________________________________
Please note our new corporate address as of February 1, 2023:
Mastermind IP Law P.C., 440 N. Barranca Ave. #6387, Covina, CA 91723
760.294.5160 tel. 706.955.9666 tel. 803.226.0741 tel.  ▪  diane at mmip.com<mailto:diane at mmip.com>  e-mail
CA Lic. No. 196214   DC Lic. No. 470855   USPTO Reg. No. 36518

Please note our expedited mail processing address as of February 1, 2023:
Mastermind IP Law P.C., 532 Forest Bluffs Rd., Aiken, SC 29803
__________________________________________________________________________________________________________
This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521.  It is sent by a law firm for its intended recipient only, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any unauthorized use, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone (706) 955-9666 or e-mail reply, delete it from your system, and destroy any hard copy you may have printed.  Absent an executed engagement agreement with Mastermind IP Law P.C., this message does not constitute legal advice, and it does not establish any previously non-existent professional relationship with, or representation of the recipient. Thank you.

From: mrichter richtertrademarks.com <mrichter at richtertrademarks.com>
Sent: Wednesday, June 12, 2024 2:48 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Diane Gardner <diane at mmip.com>
Subject: RE: Recorded Assignment not Reflected in Current Owner Information

Diane,

There are some instances where the ownership is not automatically updated – it is somewhere in the TMEP I think. (Sorry – don’t have time to look it up!)

Best,
Miriam

Miriam Richter, Attorney at Law, P.L.
Make Your Mark! ®
Trademark, Copyright, and other Intellectual Property Matters
2312 Wilton Drive, Suite 9
Wilton Manors, Florida 33305

954-977-4711 office
954-240-8819 cell
954-977-4717 facsimile

NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-977-4711 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.


From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Diane Gardner via E-trademarks
Sent: Wednesday, June 12, 2024 2:19 PM
To: e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>
Cc: Diane Gardner <diane at mmip.com<mailto:diane at mmip.com>>
Subject: [E-trademarks] Recorded Assignment not Reflected in Current Owner Information

Has anyone else had this problem?

-Assignment was submitted for recordation on June 1.
-Notice of Recordation of Assignment was received (email) on June 5.
-As of today (June 12) the “Current Owner(s)” section for the application still reflects the prior owner/assignor in TSDR. BUT – the “Assignment Abstract of Title” section clearly shows the assignor/assignee parties.
-Is it possible that it is not an automated process for reflecting the new owner and that some human forgot to manually update the information?

Kind regards,

Diane L. Gardner
Reg. No. 36,518
_____________________________________________________________
Please note our new corporate address as of February 1, 2023:
Mastermind IP Law P.C., 440 N. Barranca Ave. #6387, Covina, CA 91723
760.294.5160 tel. 706.955.9666 tel. 803.226.0741 tel.  ▪  diane at mmip.com<mailto:diane at mmip.com>  e-mail
CA Lic. No. 196214   DC Lic. No. 470855   USPTO Reg. No. 36518

Please note our expedited mail processing address as of February 1, 2023:
Mastermind IP Law P.C., 532 Forest Bluffs Rd., Aiken, SC 29803
__________________________________________________________________________________________________________
This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521.  It is sent by a law firm for its intended recipient only, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any unauthorized use, dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone (706) 955-9666 or e-mail reply, delete it from your system, and destroy any hard copy you may have printed.  Absent an executed engagement agreement with Mastermind IP Law P.C., this message does not constitute legal advice, and it does not establish any previously non-existent professional relationship with, or representation of the recipient. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20240612/937e4c3e/attachment.htm>