What is the effect of recording a name change with the International Bureau for an international design application?

Recording a name change with the International Bureau can have a significant effect on an international design application. According to MPEP 2920.02:

A change in the name of the applicant under 37 CFR 1.46 recorded pursuant to Hague Agreement Article 16(1)(ii) may also be effective to change the name of the applicant in a nonprovisional international design application.

This means that if you record a name change with the International Bureau, it can automatically update the applicant’s name in your nonprovisional international design application with the USPTO. However, there are important conditions:

  1. The recording must be made under Hague Agreement Article 16(1)(ii).
  2. The recording must be done no later than the payment of the issue fee.
  3. The applicant must be the holder of the international registration.

The MPEP further explains: “Hague Agreement Article 16(1)(ii) provides for recording in the International Register by the International Bureau of a change in the name of the holder. Under Article 16(2), such recording has the same effect as if made in the office of each of the designated Contracting Parties.”

This provision simplifies the process of updating applicant names for international design applications across multiple jurisdictions.

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Topics: MPEP 2900 - International Design Applications, MPEP 2920.02 - Applicant, Patent Law, Patent Procedure
Tags: Hague Agreement, International Bureau, International Design Application, international registration, Name Change