Redact Trademark Assignment Agreement

Aug 6th, 2022
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How to Redact Trademark Assignment Agreement

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hey this is attorney eels with potts weinstein and today were 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 theyre 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 youre not applying for a trademark it will have all the different forms that you need and as the time that im recording this video number nin

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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.
Assignment agreement will be considered as legally valid when it shows intention the part of the assignor to transfer complete or partial ownership of the mark.
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.
As per the provisions of Section 45 and Rule 68 of the Trademarks Act, 1999, an application to register the title of a person who becomes entitled by assignment or transmission shall be made in Form TM-24 or TM-23 as it is made by such person alone or conjointly with the registered proprietor.
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.
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary 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.

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