37 CFR § 3.16 - Assignability of trademarks prior to filing of an allegation of use.

---
identifier: "/us/cfr/t37/s3.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 3.16 - Assignability of trademarks prior to filing of an allegation of use."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "3.16"
section_name: "Assignability of trademarks prior to filing of an allegation of use."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "3"
part_name: "ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 1123; 35 U.S.C. 2(b)(2)."
regulatory_source: "57 FR 29642, July 6, 1992, unless otherwise noted."
cfr_part: "3"
---


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

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.

[64 FR 48926, Sept. 8, 1999]