[E-trademarks] Chain of Title Fun

[Montgomery, Alexander P.]

Client was assigned a mark after it registered. Assignor, due to an inadvertent error, misspelled the applicant's name in the original application, so the registration was issued to a non-existent entity.

To fix this, would you:


1)      File a Section 7 to fix the error in the registrant's name (which should be permissible according to TMEP 1201.02(c)), then record the assignment; OR



2)      Record the assignment, then file the Section 7 to fix the error in the registrant's name?

My holdup is that only the owner of the registration may file a Section 7.

Here, client owns the registration by way of the assignment (as we all know the assignment, not the recordation, effectuates the transfer), but the USPTO doesn't know that unless the assignment is recorded. Notwithstanding because our client owns the registration by way of the assignment, I'm leaning towards Option 1.

Thoughts?

Alexander P. Montgomery <http://www.hinckleyallen.com/people/alexander-p-montgomery>
Partner
________________________________
Hinckley Allen <http://www.hinckleyallen.com/>
28 State Street
Boston, MA 02109-1775
p: 617-378-4366 |  f: 617-345-9020
amontgomery at hinckleyallen.com<mailto:amontgomery at hinckleyallen.com>

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