Transform your daily workflows and Highlight Trademark Assignment Agreement

Aug 6th, 2022
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How to Highlight Trademark Assignment Agreement

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MARK TRADEMAN, TMIN NEWS ANCHOR: Did your business change its name? Change its entity type? Has the ownership of your trademark changed hands? If so, and you have a live federal trademark application or registration, you must tell the USPTO about these ownership changes. If youre not sure how to go about that, stay tuned. Well let you know what three of the most common types of changes are, how to record these changes with the USPTO, and why its so important to keep your ownership information up-to-date. So, what exactly is an ownership change. Simply put, it involves any modification of the legal entity that owns the trademark application or registration. It might be a simple change, such as a change in the owners name or entity type, or it might be a little more complex, like an assignment through the sale of an entire business. Lets take a look at three of the most common types of changes. Change in name. Here, the owner of the trademark stays th

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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.
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.
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.
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (assignor) that transfers ownership of the trademark to a new owner (assignee).
Legal requirements for registering your trademark The trademark must be applied for under the actual owners name. The applicant must specify what type of entity it is (individual, corporation, etc.) The application must be based on actual use or a real intent to use the trademark in commerce.
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.
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.
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.
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.
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.

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