Hawaii Assignment of Trade Name

State:
Multi-State
Control #:
US-0443BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for the assignment of a trade name.

Hawaii Assignment of Trade Name is a legal process that allows individuals or businesses to transfer their ownership rights or interests in a registered trade name to another party. This allows the transferee to have the exclusive rights to use and conduct business under the assigned trade name in the state of Hawaii. In Hawaii, there are different types of Assignment of Trade Name, namely: 1. Individual Assignment: This type of assignment occurs when an individual owner of a registered trade name decides to transfer their rights to another individual. For instance, if John Smith owns a trade name "Hawaiian Shave Ice" and wants to assign it to Mary Johnson, an individual assignment would take place. 2. Business Assignment: When a business entity, such as a corporation or partnership, owns a trade name and intends to transfer it to another business entity, a business assignment occurs. For example, if ABC Corporation wants to assign its trade name "Island Delights" to XYZ Corporation, a business assignment would be conducted. 3. Partial Assignment: In some cases, an owner may only want to transfer partial rights to a trade name, allowing the transferee to use it in specific goods or services. This is known as a partial assignment. For instance, if a company called "Sunset Productions" wishes to assign the rights to the trade name "Hawaiian Luau" for the purpose of organizing events, but retains the rights for producing merchandise, a partial assignment can be executed. 4. Full Assignment: A full assignment occurs when the entire ownership rights and interests in a trade name are transferred to another party without any limitations or restrictions. This common type of assignment allows the transferee to have complete control and exclusive use of the trade name. It is important to note that the Hawaii Assignment of Trade Name requires certain legal procedures to be followed. The assignor (the party transferring the trade name) must fill out a prescribed assignment form provided by the Hawaii Business Registration Division. The form should include details such as the assignor's and assignee's names, addresses, the trade name being assigned, and the effective date of the assignment. Once the assignment form is completed and signed by the assignor, it must be notarized and submitted to the Hawaii Business Registration Division. A processing fee is typically required, which can vary depending on the type of assignment. Upon successful completion of the assignment process, the transferee becomes the new owner of the assigned trade name in Hawaii. They will have the exclusive right to use the trade name for the specified goods or services, subject to any existing trademark or intellectual property rights. In summary, Hawaii Assignment of Trade Name allows for the transfer of ownership rights in a registered trade name to another party. Whether it is an individual assignment, business assignment, partial assignment, or a full assignment, this legal process enables individuals or businesses to conduct business under a registered trade name in the state of Hawaii.

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FAQ

A trade name is a fictitious/alternate name under which an entity may choose to operate. register and operate under more than one trade name. An entity will have one corporate name but may have several trade names.

In Hawaii, you register your DBA with the Department of Commerce and Consumer Affairs. You can file online at the Hawaii Business Express website or you can complete the application for registration of trade name form.

A corporate name is the name under which an entity is formed, or registered. In most cases, corporate names ends with a distinct suffix (i.e., Inc., LP, LLC, etc.). A trade name is a fictitious/alternate name under which an entity may choose to operate. register and operate under more than one trade name.

Step 2: Register Your Hawaii DBAOption 1: File Online With Hawaii Business Express.Option 2: File the Application for Registration of Trade Name by Mail, Fax, Email, or In-Person.Cost: $50 Filing Fee.Office Address:Mailing Address:Email: breg-doci-filing@dcca.hawaii.gov.Fax: (808) 586-2733.

To do business under a DBA, you must complete and file the appropriate DBA forms and pay a filing fee, after which point you receive a DBA certificate. Depending on the state you may be able to file with a local or county clerk's office, with a state agency, or both.

The law makes a definite distinction between the twoa trade name refers to the company's official name, while a trademark provides a company's brand with legal protection.

A trade name is the name your business is commonly known as or the name you use when advertising or doing business. 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.

The registration of a trade name, trademark, or service mark may be cancelled by filing a request for cancellation letter, signed by the registrant. The cancellation letter can be emailed, faxed, mailed, or delivered to the Business Registration Division.

File an Application for Registration of Trade Name (Form T-1) and pay the $50 filing fee to create a name other than your legal LLC business name. Certified Document Copies: Obtain certified copies of your Hawaii business documents by ordering through the Department of Commerce and Consumer Affairs and paying $10.

Obtain Business Licenses and PermitsThere isn't a requirement in Hawaii for sole proprietors to acquire a general business license, but depending on the nature of your business you may need other licenses and/or permits to operate in a compliant fashion.

More info

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Hawaii Assignment of Trade Name