Record Title, Recordation of Title

Ownership of and interests in certain classes of assets such as land, cars and ships, patents, trademarks, etc. is capable of being recorded on an official register of title. Such recordation may be compulsory or voluntary depending on the applicable legal regime. In any event, failure to record such interests, when recordation is possible, can create significant legal risks. See Bone-Fide Purchaser.

Category

Recorded?

Category

Recorded?

Land

Normally

Automobiles

Always

Patents

Always

Know-how

Never

Copyright

Usually not, Can be in US

Plant varieties

Always

Trademarks

Usually, but not always

Business Names

Can be, but not always

Naming Rights

Never

Rights of Publicity

Generally never, except by legislation for certain events (e.g., Olympics)

Trade Dress

Can be, often not

Registered Designs

Varies by jurisdiction

Orphan Drugs

Must be

Architectural Designs

Rarely, except as a U.S. Copyright

Service Marks

Can be, but often are not

“Tag” and “Strap” Lines

Can be as Trademarks, often not

Domain Names

Always

Colors, odors

Sometimes as Trademarks