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Trademark assignments must be in writing. The recording date of a document is the date it is filed with the USPTO. There may be assignments that are in whole or others that are considered to be partial assignments. This can become complicated if more than one person owns the trademark.
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.
This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark. A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.
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.
Under US trademark law more than one person is able to own a trademark, and interested parties are able to apply together. Trademarks owned by two or more parties are called joint trademarks.
How to file your request Online?Complete the grant of interest form (a secure document) and attach the agreement between parties along with a cover letter. ... By fax or mail?Send a copy of the original agreement between parties along with a cover letter and the proper fees to CIPO.
The assignment is a contract, which can cover a few different items. It may be an assignment of common law trademark rights. There may also be a federal trademark registration involved, as well. You can even assign a trademark application.
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.