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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.
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.
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).
A trademark assignment is a document signed by the original owner (assignor) that transfers ownership of the trademark to a new owner (assignee). In most cases, the new owner does not need to sign the document because only the assignor signs the trademark assignment to transfer trademark rights.
The Procedure of Assignment or Transfer of TrademarkStep 1: Application for trademark assignment. Application for assignment can be made by the assignor or by the assignee or by both.Step 2: Filing Form TM-P.Step 3: Documents submission.Step 4: Application processing and advertisement of assignment.Step 5: Approval.
Every owner of a trademark owner who wishes to transfer his/her right with regard to its trademark can do so either by trademark licensing or trademark assignment which is governed under the Trademark Act, 1999.
Trademark AssignmentWhen the ownership of a mark is permanently transferred to another person or business, it is called assignment. Types of trademark assignment include: Complete assignment, in which all rights to the trademark are transferred to a third party.
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.
Unlike patents, trademarks are associated with a product or a business and are not sold outright. Trademark ownership can be transferred along with ownership of the business or product the trademark represents.
Trademark assignments must be in writing. The recording date of a document is the date it is filed with the USPTO. There may be assignments that are in whole or others that are considered to be partial assignments. This can become complicated if more than one person owns the trademark.