Is it true than anyone can change trademark data?

This is a discussion on Is it true than anyone can change trademark data? within the Copyright, Trademark, Patent forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; I'm currently in the process of selling a website, and that also includes reassigning several trademarks. Now after checking out ...

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Old May 17th, 2012, 12:20 PM   #1
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Default Is it true than anyone can change trademark data?

I'm currently in the process of selling a website, and that also includes reassigning several trademarks. Now after checking out the USPTO website, it appears to me like *anyone* can change anybodys registration info (according to what I make of their site, they don't fact-check submissions but just automatically enter the new info, and keep the provided documentation for reference). Is that true?

Thanks in advance!
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Old May 17th, 2012, 12:55 PM   #2
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Default Re: Is it true than anyone can change trademark data?

I wish to inform you that trademark is provided to the person who first uses trademark. In this regard USPTO will not amend its existing data nor provides trademark of same words in same category. Further when a person applies at that time person does not get trademark protection. It is after trademark is granted that trademark protection is available. USPTO may show who have applied trademark but that does not affect your prior trademark and you may inform about your objection to USPTO.

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Old May 17th, 2012, 01:07 PM   #3
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Default Re: Is it true than anyone can change trademark data?

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Originally Posted by AFFA View Post
I wish to inform you that trademark is provided to the person who first uses trademark. In this regard USPTO will not amend its existing data nor provides trademark of same words in same category. Further when a person applies at that time person does not get trademark protection. It is after trademark is granted that trademark protection is available. USPTO may show who have applied trademark but that does not affect your prior trademark and you may inform about your objection to USPTO.

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Thanks for the quick reply - much appreciated. What I read on the USPTO's website seems somewhat different though to what you are telling me:

Frequently Asked Questions about Assignments

So it seems to me like the USPTO will basically change the registered "owner" of a trademark upon good faith. Doesn't seem that absurd to me, because for all i know, trademarks are constituted through usage and not through a simple slip of paper, so the USPTO basically just records the information it receives so it is available if there are legal issues. Am I getting this right?
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Old May 22nd, 2012, 04:25 AM   #4
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Default Re: Is it true than anyone can change trademark data?

No its not in that way and no one can change the trademark data of anyone.
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