STANDARD NO. 210



PROBLEMS:

  1. Where an owner’s name changes during ownerhip, or the owner uses a different name, should both names be run in the indices during the entire period of ownership?

  2. When the middle initial of the owner is of record or otherwise known to the examiner, must the examiner run the indices for the name of the owner without the middle initial?

  3. Should the examiner run the indices for the owner’s name under a diminished form of the owner’s name (e.g. “R. Roy” where the owner’s name is “Robert Roy”)?

  4. Should the examiner run the indices under a nickname for the owner (e.g. “Bob Roy” where the owner’s name is “Robert Roy”)?

  5. Should the examiner run the indices under a translation of the owner’s name in a language other than English (e.g. Pierre Allain where the owner’s name is Peter Allen) or an Anglicization of the owner’s name (e.g. Morris Greenwood where the owner’s name is Maurice Boisvert)?

  6. Where the owner’s name in the record conveyance appears as the initial of the first name only followed by the full middle name and full surname (e.g. P. Alexander Smith)?

    1. Should the examiner run the idices for the owner’s name with the middle name as the first name (e.g. Alexander Smith)?

    2. Should the examiner include in his search under the surname all first names commencing with the same initial (e.g. “P”) under the surname (excepting those with different middle names and diminished forms thereof)?

  7. Should the examiner run both names of a hyphenated name as well as the hyphenated name itself (e.g. where the name is Warren-White, run Warren, White and Warren-White)?

RECOMMENDATION:

  1. Yes, except in the case of a name change where exact date of name change is known, in which case, both names should be traced thereafter.

  2. Yes.

  3. Yes. However a diminished form of the surname need not be run (e.g. “Smith” need not be run where the name is “Smithson”).

  4. No. Unless the examiner has actual notice that the owner employs the nickname in documents of record, the nickname of the owner need not be searched.

  5. No. Unless the examiner has actual notice that the owner employs the variation of his name in documents of record, a variation of the owner’s name need not be searched.








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STANDARD NO. 210, Continued


        F. (1) Yes.

           (2) Yes, unless the examiner has actual knowledge or notice of the owner’s first name, in
                  which case the examiner can search the indices under the surname for only the owner’s
                  first name and middle name and diminished forms thereof.

       G. Yes.

DISCUSSION:

Dutton v. Simmons, 65 Me. 583 (1876), holds that an attachment on the record, wherein the middle initial of the person against whom the attachment is made is incorrectly written, is void and of no effect. In its opinion the Court contrasted a diminished form of a name, “correct as far as it went, and inaccurate merely,” to a name which is “essentially and positively false.” Id. At 586.
















First adopted August 25, 1960; amended December 7, 1983 and February 28, 1995. Formerly Title Standard No. 6.


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