Combine Trademark Assignment Agreement

Aug 6th, 2022
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How to Combine Trademark Assignment Agreement

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Attorney Eels from Potts Weinstein discusses the formal process of transferring trademark ownership. This is necessary when a trademark needs to be owned by another party or legal entity, typically due to business sales or changes in business structure, such as transitioning from a sole proprietorship to an LLC or corporation. To accomplish this, it is essential to file an assignment through the United States Patent and Trademark Office (USPTO). You can find the necessary forms in the "apply online" section of the USPTO website, even though you are not applying for a new trademark.

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A trademark transfer agreement is a contract between two parties that governs the ownership of a trademark. This type of legal document generally specifies that one party will transfer or assign all rights to their trademark to another party, an individual, corporation, partnership, or other business entity.
Restrictions on Assignment of Trademark The assignor cannot assign a trademark when the assignment results in the creation of exclusive rights in different persons with relation to the same or similar products or services and will likely deceive or cause confusion.
In the U.S. joint ownership of a trademark is legal. However, it is contrary to the fundamental trademark policy that a mark should identify and distinguish a single sources goods and/or services.
A trademark assignment is the transfer of an owners property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
Recording a Trademark Assignment Its important to promptly record the assignment so that the USPTO records remain accurate and so that the public is put on notice as to the rightful owner of 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.
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.
Prepare a Trademark Assignment Agreement To be valid, the assignment must be signed by both parties. The parties should consult an attorney, specifically a trademark attorney, who can help draft an assignment that includes all the necessary information and language.

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