TM status?

[Theo]

What exactly are these used for, in the USPTO database:

"Assignment Of Ownership Not Updated Automatically"
"Automatic Update Of Assignment Of Ownership"
"Assignment Change Withdrawn"

 

[Gerry]

Assignment Change Withdrawn will be seen many times in a deal or merger gone sour.

Or, if a bigger player or investor is invited into the party and gets control. Needless to say, these are terms used "after the fact" and can start adding up in fees.

Sorry, can't think of any specific examples at 3 am. But they are there.

Also, I have seen these terms apply mostly to patents. Think pharmaceuticals. Once a company thinks they are on to something, even if it is a concept, they can file a patent, even when the compound is in R&D.

Unless things have changed in the past few years, a patent on a new drug lasts 17 years. Then it goes generic. There is no longer the need for automatic updating of patent. There would be if you felt the need to retain perpetual rights to something. And I'll bet apple and MS have a few of those filed.

The same goes for an SM. Many law and advertising firms have merged over the years. A TM, SM, or Copyright in many cases becomes property of the gaining party, but I know you are aware of this already. If a firm or business absorbs one there may be an initial need and awareness to carry over the other party's SM (or TM) but in time may not be warranted as the one business is no longer in existence.

Here is a link to a USPTO glossary. This stuff is boring at times but I have had to look this same stuff up for clients years ago. But we also had to pay attorneys to do this for us. Wasn't quite so easy and accessible pre-google days.

http://www.uspto.gov/main/glossary/index.html#a

assignment

a transfer of ownership of a patent application or patent from one entity to another. Record all assignments with the USPTO Assignment Services Division to maintain clear title to pending patent applications and patents.

-- read more about Patent Assignments
-- see Assign a Patent Application or Patent e Biz
-- see Search Patent Assignments online e Biz
p
assignment

a transfer of ownership of a trademark application or trademark registration from one entity to another. The USPTO recommends recording assignments with the USPTO Assignment Services Division to maintain clear title to pending trademark applications and registrations. For information on how to record an assignment, see Recordation Form Cover Sheet.

-- see Assign a Trademark Application or Registration e Biz
-- see Search Trademark Assignments online e Biz

There may also be some additional links in their fee links, more fun reading:
http://www.uspto.gov/web/offices/ac/qs/ope/fee2007september30_2007nov19.htm

 

[Theo]

Thanks Doc