It pays to read the statute sometimes. If the statute says “the applicant shall file in the Patent and Trademark Office . . . ,” having the former applicant file it isn’t going to work. The former applicant signed the document before it assigned the mark, but then filed the document after the assignment to the new owner was effective. Under the statute, though, it’s the filing that counts, not the timing of the signature.
For the details, see the inestimable TTABlog.
© 2009 Pamela Chestek