Assignment of Trademark Forms

What is a Trademark?

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. ยงยง 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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