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Simple guide on how to Send Trademark Assignment Agreement to Sign

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How to Send Trademark Assignment Agreement to Sign

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[Morris] Hi, Im trademark attorney Morris Turek. I protect individuals and businesses throughout the world by assisting them with their important trademark matters. One question Im often asked by both current and prospective clients is can I transfer my trademark to someone else? Well, the answer is yes. A trademark assignment is the transfer of trademark ownership from one person or entity to another. In order for a trademark assignment to be valid and enforceable, it must include the underlying good will associated with the trademark which is basically the recognition that the trademark has with the public. Otherwise the transfer of ownership will be considered an assignment in gross, and all trademark rights could be lost forever. Although a trademark assignment doesnt have to be in writing, its a very good idea for the assignment to take the form of a written and signed document so that questions of ownership dont come up in the future. If the trademark being transferred is t

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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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.

Who can sign a 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 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.

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.

How do I submit an assignment on USPTO?

Use EPAS to create and submit a Patent Assignment Recordation Coversheet by completing on-line web forms and attaching the supporting legal documentation as black and white TIFF or PDF for submission via the internet. You may email questions about filing electronic patent assignments to EPAS@uspto.gov .

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.

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.

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