Transform your daily workflows and Send Trademark Assignment via USPS

Aug 6th, 2022
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Easy guide on how to Send Trademark Assignment via USPS

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How to Send Trademark Assignment via USPS

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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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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 .
Registering a Trademark Yourself The United States Patent and Trademark Office (USPTO) provides a trademark application and instructions to walk applicants through the process on its website. In some cases, registering a trademark is straightforward and doing it by yourself probably wouldnt raise any issues.
The original owner should record the assignment or name change with the USPTOs Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.
Steps to File a Patent Assignment Fill Out a Recordation Form Cover Sheet. The Recordation Form Cover Sheet is an official USPTO document. Complete a Patent Assignment Agreement. Sign the Patent Assignment Agreement. Submit the Patent 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).
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.
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.
If you have decided to go ahead and assign patent rights to your company, you must draft an Assignment Agreement. This Assignment Agreement must have language that assigns all rights to any and all patents related to a specific patent application. This Assignment Agreement must be signed by all inventors of the patent.
Under U.S. law, assignments must be recorded to be effective as against third parties who do not have actual knowledge of the assignment. The statute is similar to recording statutes used for recording real property. Thus, although there is no requirement to record an assignment, it is foolish not to do so.

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