Recording Trademark Assignments Law and Legal Definition

Recording of a trademark assignment with the U.S. Patent and Trademark Office (USPTO) is not mandatory. However, it is practiced so as not to invite the argument that inadvertent abandonment occurred, and to provide accurate notice enabling courts to award treble damages and costs. Only assignments of registered marks can be recorded. The assignor or assignee can submit the recordation, which should include the USPTO cover sheet, assignment document, and the fee.

To expedite recordation, new owners are encouraged to file requests for recordation electronically through the Electronic Trademark Assignment System (ETAS) on the USPTO website. Documents filed electronically are recorded much faster than paper documents.