Arizona Assignment of Trademark with Interest in Application for Federal Registration
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How to fill out Assignment Of Trademark With Interest In Application For Federal Registration?
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FAQ
The assignment of an intent-to-use application to someone who is not the successor to the applicant's business before filing an allegation of use renders the application void, and any resulting registration must be cancelled.
A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment.
The trademark assignment should include: name and address of the new owner (assignee); if the assignee is a company, the type of entity and state of incorporation; specific details of the trademark application(s) and/or registration(s) to be transferred; and.
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.
To file an ITU, the applicant must show a good faith intention to use the mark in the future by submitting a sworn statement in the application ? subject to criminal penalties. ITU application enables a trademark applicant to reserve the trademark rights against a potential competitor.
Intent to use means that you haven't started using your trademark in commerce, but you have a bona fide intent to do so within the next three to four years. For example, you might intend to make and sell jewelry, but you're just at the point of sourcing your materials?you haven't started making or selling jewelry yet.
The assignment is a contract, which can cover a few different items. It may be an assignment of common law trademark rights. There may also be a federal trademark registration involved, as well. You can even assign a trademark application.
Additionally, an Intent-to-Use trademark application requires proof of sale of the goods or services ?in commerce.? The benefits of an Intent-to-Use trademark application are: (1) priority rights; (2) public notice; and (3) lower risk.