Clear up trademark in OSHEET

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Aug 6th, 2022
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How to clear up trademark in OSHEET

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hey this is attorney eels with potts weinstein and today weamp;#39;re going to talk about how to do the formal transfer of ownership of a trademark if you want a trademark and you need to have some one else or some other business own the trademark or some other legal entity owning the trademark you actually have to file something through the patent and trademark office this commonly happens for my clients either because theyamp;#39;re selling their business altogether or because when they started they were just a sole proprietorship or general partnership and now they have an llc or corporation in that case you actually have to formally transfer the ownership of the trademark as an assignment so how do you do that go to the website of the united states patent and trademark office and then under trademarks you can if you go to the apply online section i know youamp;#39;re not applying for a trademark it will have all the different forms that you need and as the time that iamp;#39;m

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The trademark can be removed from the registry for non-use, as explained below - Not using a registered trademark for a period of five years starting from the date the trademark is registered. If the prescribed renewal fees are not paid, the trademark may be removed from the trademark registry.
A trademark can be invalidated (revoked) five years after registration by a third party if the party can prove the trademark is not being used for the registered purposes.
If your trademark has fallen into dead or abandoned status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.
If the mark has already been placed on the Principal Register, the party may petition the USPTO for cancellation of the registration. (15 United States Code, Section 1064.) A cancellation petition may be filed: within five years from the date the mark is published in the Official Gazette.
These grounds include: The mark has become the generic name for the goods or services, or a portion of the mark has become generic. The trademark is functional. The trademark has been abandoned. The trademark registration was obtained fraudulently.
Common grounds include non-use, abandonment, genericness, descriptiveness, likelihood of confusion, fraud, bad faith, or prior rights. Review Trademark Registration: Obtain a copy of the trademark registration you wish to challenge.
A court might order that trade mark registration be cancelled in certain circumstances. However, cancellation of a trade mark is usually a voluntary request completed in writing by the trade mark owner. Before cancelling your trade mark, it is best to ask a trade mark lawyer about whether it is the best option for you.
For a more in-depth search, you may choose to use a trademark screening service or work with an experienced U.S.-licensed attorney. An attorney can provide a clearance search and interpret the search results as well as advise you on how to apply for federal trademark registration.

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