Alabama Trademark Assignment and License Agreement
Description
How to fill out Trademark Assignment And License Agreement?
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FAQ
Trademarks, service marks and trade names may be registered by submitting an application for registration, three specimens and the registration fee. The effective term for mark registrations is five years.
If an applicant has not filed an Allegation of Use or Statement of Use at the time it would like to assign an intent-to-use application, it may consider licensing the use of the mark to the prospective assignee. A written trademark license should be negotiated and prepared.
There is no proscribed form for the assignment, but by statute it must be in writing and duly executed. The assignment will be checked for accuracy by the United States Patent and Trademark Office (PTO) so make sure the information in the application matches the assignment document.
By law, a trademark owner may transfer or sell his or her property rights to another through a legal document referred to as an assignment. An assignment is generally a written agreement in which the two parties have negotiated and agreed to a price. To be valid, the assignment must be signed by both parties.
An Intent-To-Use (ITU) trademark application cannot be assigned to a new owner prior to the original applicant filing evidence of use. In other words, the original applicant of an ITU must first use the trademark in connection with the goods or services identified in the trademark application.
The Advantages of the ITU The advantage of filing an intent-to-use (ITU) application is that your filing date will serve as the date of your first use of the mark assuming you go on to put the mark in actual use and take the other steps necessary to get the mark placed on the federal trademark register.
A trademark assignment is the transfer of an owner's property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
To put it summarily, in case of an assignment of a trademark, there is a change in the ownership of the registered brand and in case of licensing, the right in the trade mark continues to vest with the original owner but only few restricted rights to use the brand/mark are given to the third party.
Registered and pending trademarks, as well as patents and patent applications, can be assigned. You must file an assignment agreement with the USPTO. Business reorganization, acquisition, and other circumstances may result in a trademark assignment.
A Trademark Assignment Agreement is a written document that legally transfers a legally recognized word, phrase, symbol, and/or design (the Trademark) from the current owner (the Assignor) to the future owner (the Assignee).
