Fix tag in the Trademark Assignment Agreement

Aug 6th, 2022
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How to fix tag in the Trademark Assignment Agreement

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in addition to filing many many trademark applications on our own here at eric m pelton and associates for our clients we also frequently get calls from other applicants who filed on their own or other attorneys who arent trademark experts who filed and need assistance and throughout the years in reviewing these applications and reviewing just a plethora of all different type of applications i have noticed the most common mistakes that applicants make and today i want to talk about five of those most common mistakes and how to fix them the first and foremost mistake made by many trademark applicants is not properly searching before filing you can see i have a lot more content about searching specifically in more detail but were talking not only about searching the usptos database for possible conflicts but also searching more widely with a comprehensive search because the potential for conflicts is a docHub factor in the strategy of whether to file and how to file the trademark

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If the trademark owner is the same entity with a different name, the trademark owner should record a name change with the USPTO. An assignment cover sheet should be added to a copy of the corporate documents reflecting the name change, which will all be submitted to the USPTO.
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is pending or after your trademark has registered. Use Assignment Center to transfer ownership or to request a change in name.
To assign ownership to another party, there needs to be a contract agreement between the current owner (the assignor) and the proposed owner (the assignee). This agreement will need to be signed by an authorised person.
A written request to record or register a transfer must include the name and the postal address of the transferee and the requisite fee. As of 2023, the requisite fee is $100. The applicant or any person authorized by the applicant (e.g., an agent) may make such a request.
The following factors will be reviewed to determine proper ownership: (1) which party first used the mark on the product or in connection with the services; (2) which partys name appeared with the trademark on packaging and in advertising; (3) which party maintained and controlled the quality of the product or quality
Correcting filing errors using online forms Submit the form Voluntary Amendment Not in Response to USPTO Office Action/Letter. Before you can submit this form, you must wait 7 to 10 days after you submit your application form to ensure all your information is available in our database.
The original owner should record the assignment or name change with the USPTOs Assignment Recordation Branch by going to Assignment Center and filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.
Under federal law, you can file a trademark amendment application if your requested change does not materially alter the character of the mark. The modified mark must contain the essence of the original mark. It must also create the same impression as the original mark. This means that the USPTO will consider

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