37 CFR 3.16

§ 3.16 Assignability of trademarks prior to filing of an allegation of use.

United States · 37 CFR — Patents, Trademarks, and Copyrights · Status: effective

Cite this

Citation: 37 CFR 3.16, § 3.16 Assignability of trademarks prior to filing of an allegation of use, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/162192
Permanent ID: ys:prov:162192@1
SHA-256: 51dc5dfb9d4a17ad4a8771802411463f4b200abadde4f91b0758b7cbc9b95c8b

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Full text

Before an allegation of use under either 15 U.S.C. 1051(c) or 15 U.S.C. 1051(d) is filed, an applicant may only assign an application to register a mark under 15 U.S.C. 1051(b) to a successor to the applicant's business, or portion of the business to which the mark pertains, if that business is ongoing and existing.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.