Recent Enhancements to Electronic Trademark Assignment System (ETAS) - July 28, 2014
We are pleased to report the following enhancements to ETAS.
New Conveyance Types: Two new conveyance types have been added to the cover sheet.
- Entity Conversion—used when a business changes its entity type (e.g., from a corporation to a limited liability company) or its entity citizenship (e.g., from a New York corporation to a Delaware corporation); and
- Merger and Change of Name—allows the filer to record with one fee and one cover sheet a transaction that involves the merger of two or more companies into a new company and a name change of the new company.
- Ability to Identify Order for Multiple Transactions with Same Execution Date: The filer can identify the order in which multiple transactions having the same execution date should appear in the Assignment Historical Database (AHD). This enhancement allows a filer who has multiple assignments, mergers and name changes, which may have occurred on the same day, to properly identify the order in which the transfers should be recorded and appear in the assignment records so that the chain of title is clear to anyone viewing the assignment records. It is anticipated that, in the future, this enhancement will permit more accurate updates to the ownership information in the Trademark Status and Document Retrieval (TSDR) database.
ETAS Resubmission Form: The ability for a filer who receives a Notice of Non-Recordation from the Assignment Recordation Branch to electronically correct any omission or mistake on the originally submitted cover sheet, by using the new ETAS Resubmission form. If the filer receives a Notice of Non-Recordation, the notice will provide a unique Document ID and Access Code that allows the filer to access the Resubmission form. Once the Document ID and Access Code are entered on the Resubmission form, the information from the originally submitted cover sheet will appear in the Resubmission form. The filer will be able to add/change/correct the information that is identified as a problem in the original submission.
- Resubmission form will not allow a filer to add new properties, but the filer may modify the Serial Numbers or Registration Numbers of properties previously identified, if there is a typographical error in any property previously identified.
- Filer will be required to reattach the underlying document supporting the assignment.
- Filer who initially submitted on paper or via facsimile will also be able to use the Resubmission form. Not all the information from the paper cover sheet will appear on the Resubmission form. The filer will have to enter the conveying party and receiving party information. However, the conveyance type, property numbers and correspondence information from the previous paper or fax submission will appear in the Resubmission form.
- Notification about the Unauthorized Use of ETAS: A new addition to the validation page requires a filer to verify that he/she is aware that the unauthorized use of ETAS is a misrepresentation to the federal government and is prohibited and subject to criminal and civil penalties, including all penalties applicable to willful unauthorized access. Unauthorized use of ETAS includes providing false or spurious information, such as false or improper assignment documents or security agreements. This is added in an attempt to prevent a filer from submitting false transfers against another party’s property.