Assignability of trademarks prior to filing of an allegation of use.

37 C.F.R. § 3.16

in effectEffective: 2024-07-01

Before an allegation of use under either 15 U.S.C. 1051(c) or 15 U.S.C. 1051(d) is filed, an applicant may only assign an application to register a mark under 15 U.S.C. 1051(b) to a successor to the applicant's business, or portion of the business to which the mark pertains, if that business is ongoing and existing.

Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-37.xmlFetched: 7/26/2026