How to Create an Assignment
An assignment agreement must contain all the basic principles of a valid contract such as free consent, consideration, and capacity of parties. Special words or special forms are not necessary in order to validate an assignment. Any statement that shows an intention to assign a property constitutes valid assignment. An assignment form permits assigning all of an assignor's interest in a particular property to an assignee. By signing assignment forms, owners guarantee that the interest or title assigned is free of liens, claims or encumbrances of any kind. One can prepare an assignment deed with the help of an assignment sample form.
For assignment of deeds to be valid, they must be signed by the parties. In the case of partnerships, an assignment agreement must be signed by a general partner. For LLC assignment, the deed must be signed by a manager of the LLC. In a business entity, the assignment deed must be signed by an officer of such an entity.
Intellectual Property Assignment
Intellectual property rights can also be assigned and this includes patents, copyrights, trademarks and trade names. Patent assignment is the transfer of ownership and rights of inventors over a patent. Assignment of patents is governed by federal law as well as international treaty procedures for intellectual properties, such as procedures under patent cooperation treaty (PCT). The U.S. Patent and Trademark Office (USPTO) records every assignment of patent rights. For this, all information stipulated in the patent laws must be submitted to the USPTO. However, the USPTO does not specify any particular patent forms. One can prepare a form of assignment of a patent with the help of a sample assignment form.
Assignment of copyright is the transfer of interest over a copyright. By copyright assignment, the owner of a copyright transfers to another person the owner's rights and other interest over the copyright. For transferring rights over a copyrighted work, the parties may sign copyright forms for assignment or enter into a copyright permission agreement. Copyright permission is a request to include copyright substance in other person's work. One can prepare a form of assignment of copyright with the help of a sample assignment form.
Both trademark and trade name rights can be assigned. Trade name is the official name of an entity under which the entity carries on business and trademark is the word or symbol used to identify and distinguish the goods and services of that entity. The owner of a trademark/trade name can transfer his ownership of trademark to another person or entity by assignment. By assigning a trademark, the owner transfers to the other party owners' title, rights, and interest in the trademark. Additionally, assigning a trade name/trademark also relinquishes other rights attached to that trade name, including its logo, and goodwill. Trade name assignment can be done for registered as well as unregistered trade names. In a trademark assignment, the rights and title to the trademark are always transferred along with the goodwill associated with the mark. One can prepare a form of assignment of trademark with the help of an assignment form template.