[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR7.23]

[Page 316-317]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 7_RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS--Table of Contents
 
        Subpart D_Recording Changes to International Registration
 
Sec. 7.23  Requests for recording assignments at the International Bureau.

    A request to record an assignment of an international registration 
may be submitted through the Office for forwarding to the International 
Bureau only if the assignee cannot obtain the assignor's signature for 
the request to record the assignment.
    (a) A request to record an assignment submitted through the Office 
must include all of the following:
    (1) The international registration number;
    (2) The name and address of the holder of the international 
registration;
    (3) The name and address of the assignee of the international 
registration;
    (4) A statement that the assignee: Is a national of the United 
States; has a domicile in the United States; or has a real and effective 
industrial or commercial establishment in the United States. Where an 
assignee's address is not in the United States, the assignee must 
provide the address of its U.S. domicile or establishment;
    (5) A statement that the assignee could not obtain the assignor's 
signature for the request to record the assignment;
    (6) An indication that the assignment applies to the designation to 
the United States;
    (7) A statement that the assignment applies to all the goods and/or 
services in the international registration, or if less, a list of the 
goods and/or services in the international registration that have been 
assigned that pertain to the designation to the United States; and
    (8) The U.S. transmittal fee required by Sec. 7.6.
    (b) If a request to record an assignment contains all the elements 
set forth in paragraph (a) of this section, the Office will forward the 
request to the International Bureau. Forwarding the request to the 
International Bureau is not a determination by the Office of the 
validity of the assignment or the effect that the assignment has on the 
title of the international registration.
    (c) If the request fails to contain all the elements set forth in 
paragraph (a) of this section, the Office will not forward the request 
to the International Bureau. The Office will notify the assignee(s) of 
the reason(s). If the assignee paid the fees to record the assignment 
(see Sec. 7.7) through the Office, the Office will refund the recording 
fee. The Office will not refund the transmittal fee.

[[Page 317]]

    (d) Correspondence to correct any irregularities in a request to 
record an assignment must be made directly with the International 
Bureau.

[68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004]