What should you do if you suspect a trademark has changed ownership?

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If you suspect that a trademark has changed ownership, it is essential to search for assignment documentation. This task is critical because trademark ownership changes can significantly affect both the rights associated with the trademark and the validity of the registered mark. Assignments — legal documents that transfer ownership or interests in trademarks — are typically recorded with the United States Patent and Trademark Office (USPTO). By reviewing the assignment records, you can ascertain whether the trademark has indeed changed hands and verify the current owner’s status.

Conducting this search not only confirms ownership but may also provide important details regarding any conditions of the transfer or the new owner's rights to use the mark. This step is a necessary due diligence measure before moving forward with any legal actions or business decisions related to the trademark.

Assuming that the trademark has not changed ownership neglects the possibility of recent transactions and could lead to misinformation. Filing a new application would be inappropriate if the trademark is still in force and simply has a new owner. Contacting the trademark owner directly might yield information, but it is always best to confirm with documented evidence through official channels like the USPTO to ensure accuracy.

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