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Informational or descriptive fair use You can use someone elses trademark without permission if you are using it for informational purposes. This exception applies to situations where you are: Expressing an opinion. Leaving a review.
Transferring ownership is known as a trademark assignment. To complete the change of ownership, a trademark assignment agreement must be drawn up and agreed upon between the assignor (the existing trademark owner) and the assignee (the new owner).
To make a change to an owners name, use form TM21A Change of owners name, address or email. This form is not a substitute for the assignment document or other proof of the transaction. All Intellectual Property Office fee bearing forms should be filed with the appropriate fee.
If ownership of the mark has changed you must file an Assignment of Trademark or Service Mark. Registrant must attach a true and correct copy of the original document showing proof of name change, or a copy of the original document filed in another jurisdiction and certified by the filing office of that jurisdiction.
The USPTO recording fee is $40 for the first mark, and $25 for each subsequent marks. For multiple marks, we can draft a single trademark assignment to be signed only once. The executed trademark assignment must then be properly recorded against each trademark to be transferred.
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Draft a Written Assignment Agreement The foundation of any trademark transfer is the written agreement, for assignment. The assignment of a Trademark must be in writing. The written assignment lays out the terms and conditions of the transfer, ensuring both parties have an understanding of whats being transferred.
Much like traditional assets such as machinery or real estate, trademarks are assets that can be bought, sold, and transferred. Unlike physical assets, however, trademarks must be transferred in a purposeful way to ensure that the underlying meaning, or goodwill, is also transferred.
Using a deed of assignment to transfer a trademark A trade mark can be transferred via a deed of assignment. A deed of assignment is a formal document executed between the party assigning the trade mark (assignor) and the party receiving ownership of that mark pursuant to the deed of assignment (assignee).