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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.
You can request to change some information in your trademark application after your examining attorney approves your trademark for publication and before your trademark is registered.
For Intent-to-Use applicants, if you're transferring ownership to a business successor for the goods or services for which your mark relates, you can file your assignment at any time. In all other cases, you must wait until after you file an Amendment to Allege Use before you file your assignment.
NOTES: 1. The application fee is $10.00.
For example: X is the proprietor of brand 'ABC'. X assigns his trademark 'ABC' completely through an agreement to Y. After this, X will not have any rights with respect to the brand 'ABC'. The trademark proprietor assigns the trademark to another person with respect to only specific services or goods.
Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.
To register your business as a sole proprietorship, you will need to file what's called a Trade Name Form with your county recorder's office. This typically costs around $7 to file and should remain in effect until either you file to end the business or the recorder's office revokes your filed form.
The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.