Georgia Assignment of Trademark
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FAQ
In the U.S. joint ownership of a trademark is legal. However, it is contrary to the fundamental trademark policy that a mark should identify and distinguish a single source's goods and/or services.
Steps in Assigning a Trademark Draft an assignment agreement and have it signed by both parties. ... Fill out the Recordation Form Cover Sheet, which can be completed online. ... Submit both the agreement and the cover sheet to the USPTO's Assignment Recordation unit.
You are required to fill out the form and submit a copy of the executed transfer agreement to complete the assignment process?the assignment is typically processed within one business day if filed online. There is also a $40 filing fee to record the trademark assignment.
A trademark assignment is a legal tool by which an owner of a trademark may ?assign? his rights and interest in a trademark or service mark to another. The ?Assignor?, or entity which transfers the mark to the new entity, or ?assignee?, is ingly compensated for the worth of the trademark.
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.
What Are Trademark Requirements? Provide your name and address as owner of the trademark. State the entity type (individual or corporation) and your national citizenship. Demonstrate actual use or a real intent to use the trademark in commerce. Give a detailed description of the product being trademarked.
To transfer the ownership of a trademark to your new company, you will need to draft an Assignment Agreement that clearly outlines the transfer of ownership from the current owner (which could be you as an individual or your existing company) to the new company.
In simple terms, this means if somebody else used a trademark before you, you're not able to register that trademark for yourself. If, however, you used the trademark first and learn that somebody else is using it, you may have grounds to contest their use of the trademark in question.
