Alaska Assignment of Trademark and Trade Dress in Connection with Asset Purchase

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Multi-State
Control #:
US-02420BG
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Description

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.

Trade dress is the total appearance of a product, including its packaging, label, shape, and size. Trade dress may also include physical structures associated with a particular product or service. Trade dress may qualify as a protected trademark or service mark if it is distinctive and identifies the source of a specific product or service.
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FAQ

Assignment Recordation puts the USPTO on official notice pertaining to ownership of the Intellectual Property. Subject to the provisions set forth in the MPEP, patents shall have the attributes of personal property. A patent for an invention is the grant of a property right to the inventor.

If your trademark is state-registered, you must also record the transfer with the applicable state. The USPTO Patent and Trademark Database will be automatically updated for assignments as well as name changes and mergers.

Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required. Once as assignment has been executed, it should be recorded.

Prepare a Trademark Assignment AgreementTo 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.

Trademark assignment agreements provide a record of ownership and function similar to a digital version of a bill of sale. These agreements protect all parties involved including the business selling the trademark and the business buying the trademark.

Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.

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.

The Trademark Assignment Should Be in Writing Although an assignment need not be in writing to be effective, it's strongly recommended that it be in the form of a written document signed by both the assignor and the assignee.

The original owner should record the assignment or name change with the USPTO's Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.

The Trademark Assignment Should Be in Writing Although an assignment need not be in writing to be effective, it's strongly recommended that it be in the form of a written document signed by both the assignor and the assignee.

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Alaska Assignment of Trademark and Trade Dress in Connection with Asset Purchase