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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.
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. The filing fee for this service is $40.
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.
The trademark assignment should include: name and address of the new owner (assignee); if the assignee is a company, the type of entity and state of incorporation; specific details of the trademark application(s) and/or registration(s) to be transferred; and.
Transfer of ownership is enacted through an agreement between the assignor and the assignee, which is your responsibility. Once you have this agreement and the supporting evidence, you need to submit this to us so we can record the assignment in the trade marks register.
Use the Electronic Trademark Assignment System (ETAS) to submit your request to transfer ownership or change the owner name for your U.S. application or registration.
A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment.