Colorado 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
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.
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.
In case a trademark application is filed by a person other than the trademark applicant, then a duly stamped TM-48 or Power of Attorney must be filed. In this article, we look at the trademark Form TM 48 format and the procedure for filing the same.
Form TM 48 FormatAgent's Code: Agent CodeTrademark Attorney or Agent Address Line 1 Address Line 2 City, State Pin CodeSignature of Trademark Applicant.To, The Registrar of Trade Mark, The Office of the Trade Marks Registry, Respective Trademark Office
Process related to registration of TM Agent and Creation of Attorney Code.A. Creation of Attorney Code.B. Process related to registration of TM Agent.i. with application to TM office on TM-G with prescribed fee.ii. With application to TM office on TM-G with prescribed fee and passing.
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.
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.
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.
Trademark / Service Mark - Application for Registration (Form TM-100) To protect your trademark/service mark that is used in California, you must file a Trademark / Service Mark Application for Registration (Form TM-100) with the California Secretary of State.
The Four Requirements for a TrademarkNo conflicts.Trademark distinctiveness.Use in commerce.Capability to distinguish products.