In the circumstances discussed below, the USPTO will not automatically update the Trademark database to show the change in ownership, even if the appropriate document is recorded in the Assignment Recordation Branch on or after November 2, 2003. In these situations, the applicant must separately notify the Trademark Operation in writing that the assignment or other title document has been recorded, and request that the Trademark database be updated to show title in the new owner. 37 C.F.R. §3.85; TMEP §§502.02 et seq. and 502.03. See TMEP §505.01 regarding requests to update ownership information in pending applications and TMEP § 505.02 regarding requests to update ownership information after registration.

1. (1) Execution Date Conflicts with Previously Recorded Document. If a previously recorded assignment, merger, change of name, security interest document, or any other recorded document for the same application or registration has an execution date that is the same as or later than the execution date of the subsequently recorded document, the Trademark database will not be automatically updated. Office personnel will have to review the assignment records and update the database manually.

   Note - Filing Multiple Assignments with the Same Execution Date on the Same Date: When requests to record multiple assignments (or other documents transferring title) with the same execution date are filed on the same date, the ownership information in the Trademark database is not automatically updated. Office personnel must manually update the ownership information after reviewing the entire chain of title to identify the proper owner. This review is done when a written request to update ownership information is filed in accordance with TMEP §505. Therefore, information regarding the proper order of the multiple transfers should be included in the written request to the Trademark Operation so that proper chain of title may be determined and the ownership record updated accordingly in the Trademark database.

2. (2) Blackout Period: Ownership of Pending Applications Cannot be Updated During Certain Time Periods. The Trademark database will not be automatically updated to show a change of ownership during the following stages of the registration process:
   1. (a) For §§1(a) and 44 applications:
      1. Between approval for publication and issuance of registration.
   2. (b) For §1(b) applications:
      1. Between approval for publication and issuance of notice of allowance; and
      2. Between acceptance of the statement of use and issuance of the registration.
3. (3) Maximum Number of Ownership Changes. The Trademark database will not be automatically updated if the maximum number of ownership changes permitted for the following time periods has been reached:
   1. Prior to publication – up to nine changes of ownership.
   2. Between publication and registration – up to nine additional changes of ownership.

In the situations described above, new owners must file a written request with the Trademark Operation, as set forth in TMEP §505, to have the Trademark database updated. See TMEP §504 regarding the types of assignment documents for which the USPTO will automatically update the ownership information in the Trademark database.