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An assignment of a trademark is a legal process that transfers ownership rights from one party to another. This process is formalized through a written agreement, which must be recorded to protect the new owner's rights. Such assignments are common in business transactions, often accompanying the sale of a business. The Connecticut Assignment of Trademark to Accompany Assignment for Sale of Business is an excellent resource for ensuring the assignment is executed correctly.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
If your trademark is state-registered, you must also record the transfer with the applicable state. The USPTO Patent and Trademark Database will be automatically updated for assignments as well as name changes and mergers.
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (assignor) that transfers ownership of the trademark to a new owner (assignee).
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. This information was provided by our founding attorney, Xavier Morales, Esq.
The Process of Trademark Transfer Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day.
Prepare a Trademark Assignment AgreementTo be valid, the assignment must be signed by both parties. The parties should consult an attorney, specifically a trademark attorney, who can help draft an assignment that includes all the necessary information and language.
Assignor/Owner of Trademark must have the intention and consent for Trademark Assignment. Assignment of trademark must be in writing. There must be two identifying parties Assignor and Assignee. Valid Identified documents of both Assignor and 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.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.