What is the difference between recording an assignment and registering a trademark?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Recording an assignment for a patent or trademark application is different from registering a trademark. Here are the key distinctions:

• Recording an assignment: This process involves documenting the transfer of ownership rights for a patent or trademark application. It’s done through the USPTO’s Assignment Recordation Branch.
• Registering a trademark: This is the process of officially registering a trademark with the USPTO to protect your brand identity. It’s handled by the Trademark Office.

As stated in MPEP 302: “The recording of assignments is governed by 35 U.S.C. 261 for patents and 15 U.S.C. 1060 for trademarks.” This indicates that assignment recording is a separate process from trademark registration, which is governed by different statutes.

For more information on assignment recording, visit: assignment recording.

For more information on USPTO procedures, visit: USPTO procedures.