Annotate Trademark Assignment Agreement

Aug 6th, 2022
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How to Annotate Trademark Assignment Agreement

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Mark Trademan, TMIN News Anchor, emphasizes the importance of notifying the USPTO about ownership changes for federal trademark applications or registrations. Ownership changes include modifications to the trademark's legal entity, such as a change in the owner's name, entity type, or an assignment due to a business sale. He outlines that it is crucial to keep this information up-to-date to ensure proper legal protection and recognition of the trademark. The tutorial aims to clarify three common types of changes and the process for recording them with the USPTO, highlighting the significance of maintaining accurate ownership records.

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Trademark assignments must be in writing. The recording date of a document is the date it is filed with the USPTO. There may be assignments that are in whole or others that are considered to be partial assignments. This can become complicated if more than one person owns the trademark.
The trademark assignment document must be signed by the assignor or owner of the trademark in favor of the assignee or the new owner receiving the property rights over the trademark. Thereafter, the trademark assignment must be recorded with the Trademarks Office to reflect the new ownership.
Individuals, small enterprises, or startups must file with the TM application by paying a fee of ₹ 4,500 for e-filing or ₹5,000 for filing by hand. Based on the type of TM applied as per the stamp duty act, one needs to pay 5% stamp duty per TM application or assignment submitted.
Steps in Assigning a Trademark Draft an assignment agreement and have it signed by both parties. Fill out the Recordation Form Cover Sheet, which can be completed online. Submit both the agreement and the cover sheet to the USPTOs Assignment Recordation unit.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
This will ensure that the new owner is shown on the website and in all official documents of the Trademarks Office. The fee for the transfer is nominal at $40 for the first trademark being assigned, with $25 for each additional trademark.
Its a good idea to have your assignment docHubd. This will limit later challenges to the validity of a partys signature or of the transfer itself. If your agreement is complicated, do not use the enclosed form. Contact an attorney to help you draft an assignment that will meet your specific needs.
DOCUMENTS REQUIRED IDENTITY PROOF OF BOTH PARTIES ( passport, drivers license, voters ID, Aadhaar card or ration card) COPY OF ASSIGNMENT AGREEMENT. FORM TM-P. PAYMENT OF FEE.

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