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How to Protect Trademark Assignment Agreement

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If your business has changed its name, entity type, or ownership of a trademark, it’s essential to inform the USPTO if you have a live federal trademark application or registration. This tutorial discusses three common types of ownership changes and the importance of keeping ownership information current. An ownership change refers to any modification of the legal entity that owns the trademark. This can include a simple name change or a more complex assignment due to the sale of a business. Understanding how to accurately record these changes with the USPTO is vital to maintaining trademark rights and compliance.

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What is required for trademark assignment?

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.

Can unregistered trademark be assigned?

Assignment of an unregistered mark: Section 39 stipulates that an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. A request has to be made on Form TM-16 for an unregistered trademark to be assigned or transferred.

Does a trademark assignment need to be signed by both 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.

What are the requirements for trademark assignment?

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.

What is a trademark assignment agreement?

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.

What is an assignment of a trade mark?

Assignment of a trademark means to transfer the owners right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.

Does a trademark assignment need to be docHubd?

602-281-6481. GALVANI LEGAL They are distinguished from licenses, which give another person a limited right to the patent. In the US, there is no requirement that an assignment be docHubd. To the US Patent Office, it is irrelevant whether an assignment is docHubd or not.

What is assignment with or without goodwill?

Under trademark assignment without goodwill, the assignor restricts the assignee from operating in the market where the assignor is already active. The assignee is permitted to use the same trademark but not for identical services/services as the assignor.

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