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Assignment of Trademark Forms

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Trademarks identify the goods of one manufacturer from the goods of others. Trademarks are important business assets because they allow companies to establish their products reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer. Trademarks include words, names, symbols and logos. The intent of trademark law is to prevent consumer confusion about the origin of a product.

In the United States trademarks may be protected by both Federal statute under the Lanham Act, 15 U.S.C. §§ 1051 - 1127, and states' statutory and/or common laws. Congress enacted the Lanham Act under its Constitutional grant of authority to regulate interstate and foreign commerce.

Under the Lanham Act, a seller applies to register a trademark with the Patent and Trademark Office. The mark can already be in use or be one that will be used in the future. If the trademark is initially, approved by an examiner, it is published in the Official Gazette of the Trademark Office to notify other parties of the pending approval so that it may be opposed. An appeals process is available for rejected applications.

Under state common law, trademarks are protected as part of the law of unfair competition. Registration is not required. States' statutory provisions on trademarks differ but most have adopted a version of the Model Trademark Bill (MTB) or the Uniform Deceptive Trade Practices Act (UDTPA). The MTB provides for registration of trademarks while the UDTPA does not.

Relevant legal forms include:

Complaint for Copyright and Trademark Infringement Based on Web Site Framing
Trademark License Agreement
Cease and Desist Letter For Trademark Infringement in Internet Domain Name
Assignment of Trademark
Trademark Application
Notice To Cease Use of Trademark/Service Mark in Directory Advertising and Listing
Notice To Cease Use of Trademark/Service Mark in Directory Advertising and Listing
Trademark Assignment
Trademark License Agreement
Intra-Company Trademark, Service Mark, and Trade Name License Agreement
Trademark License as a Dispute Settlement Agreement
Exclusive Trademark License Agreement
Non-Exclusive Trademark License Agreement
Trademark License Agreement for use in Educational Market
Cease and Desist Letter For Trademark Infringement Internet Domain Name
Trademark License Agreement
USLF Multi-State Patent and Trademark Law Handbook - Guide
Cancellation of Registered Mark - Trademarks
Certification Mark Application, Principal Register - Trademarks
Opposition to the Registration of a Mark - Trademarks
Collective Membership Mark Application, Principal Register - Trademarks
Declaration of Incontestability of a Mark under Section 15 - Trademarks
Declaration of Use of a Mark Under Section 8 - Trademarks
Recordation Form Cover Sheet - Trademarks
Request for Extension of Time to File a Statement of Use - Trademarks
Collective Trademark/Service Mark Application, Principal Register - Trademarks
Statement of Use/Amendment to Allege Use For Intent-to-Use Application - Trademarks
Trademark/Servicemark Application - Trademarks
Trademark Agreement

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