District of Columbia 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 assignment-in-gross is characterized by the absence of a demonstrable, genuine intent to continue the identity and meaning of the assigned trademark. Traditionally, the give away for an assignment-in-gross was the sale of a trademark apart from any tangible assets.
Generally, paper filed assignments are recorded within 20 days of filing. Filing electronically is recommended and will result in faster processing times and fewer errors.
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.
A trade name is also called a DBA (doing business as) name. A good example of this is Walmart. Walmart's legal business name is Wal-Mart Inc. but its trade name is just Walmartthat's the name it uses on its advertising and website, and what most people refer to it as.
A trademark is a registered brand or trade name. It can include any combination of a name, slogan, logo, sounds or colors that identify the company or its products or services. For example, the Nike Swoosh is a registered trademark.
A trade name does not need to include additional words or legal phrases (e.g., Corp, LLC, etc.). For example, a company's trade name is Mike's, but their legal business name is Mike's Corporation. A business can opt to have their business name and trade name be the same.
Normally a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. A trade name is an actual or assumed name of a business entity, not a name for a specific product or service.
Who can Assign a Trademark? Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.
A trademark assignment is the transfer of an owner's property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
The Trademark Assignment Should Be in Writing Although an assignment need not be in writing to be effective, it's strongly recommended that it be in the form of a written document signed by both the assignor and the assignee.