Alabama Assignment of Service Mark and Trade Dress
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How to fill out Assignment Of Service Mark And Trade Dress?
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FAQ
The word 'Alabama' is not generally trademarked as it is a geographic indicator. However, certain businesses may have trademark protection for specific uses of the word 'Alabama' in their branding and advertising. This distinction is crucial when discussing the Alabama Assignment of Service Mark and Trade Dress. Individuals and businesses should ensure their use aligns with trademark laws to avoid infringement.
Instead, a trademark must be assigned through an Assignment of Rights. That Assignment must transfer not only the trademark and the registration, but must also transfer the goodwill behind the trademark to be valid.
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.
Section 39 stipulates that an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. A request has to be made on Form TM-16 for an unregistered trademark to be assigned or transferred.
Your Alabama trade name can be filed online or by mail with the Secretary of State. You can file online with the Secretary of State's website or you can complete the Application to Register or Renew Trademark, Service Mark or Trade Name form.
Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.
If you wish to register a trademark or service mark, you can submit an application with the United States Patent and Trademark Office (USPTO). When your registration is approved, you may legally mark your product or service with the registered trademark symbol, ®. Using this symbol without registration is illegal.
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.
Assigning a registered trade markIdentify the assignor and the assignee (i.e. the business buying the trade mark) State the effective date of the assignment. State the amount of consideration being paid by the assignee. Contain details of the trade mark being assigned.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
