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How to Save Trademark Assignment

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In this video, attorney Eels from Potts Weinstein explains how to formally transfer ownership of a trademark. This process is necessary when a trademark needs to be owned by a different entity, such as when a business is sold or when transitioning from a sole proprietorship or partnership to an LLC or corporation. To complete the transfer, one must file an assignment with the United States Patent and Trademark Office (USPTO). Viewers are directed to the USPTO website, specifically under the trademarks section and the apply online area, where they can find the necessary forms for the assignment process.

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Does a trademark assignment need to be docHubd?

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.

Do you need to record a trademark assignment?

A trademark transfer is typically accomplished through a contract, like the written agreement form that follows. However, after the parties have negotiated and signed their agreement, the transfer must be recorded with the U.S. Patent and Trademark Office (USPTO).

How do I save my trademark application?

TEAS allows you to save your work as a portable form at the Validation Page. This page appears at the end of the application after you have entered all your information in the form. To download and save the form data, you must click on the Download Portable Data button at the bottom of the Validation Page.

Does trademark assignment need to be recorded?

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.

How do I file a trademark assignment?

Requests to record assignments are filed on line through the Electronic Trademark Assignment System (ETAS) using . A trademark applicant can create and submit a trademark assignment recordation coversheet. You must also submit legal documentation to support the assignment.

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.

Can it be 2 people on a trademark?

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.

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.

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