Illinois Assignment of Trademark with Interest in Application for Federal Registration
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How to fill out Assignment Of Trademark With Interest In Application For Federal Registration?
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FAQ
Hear this out loud PauseAn 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.
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.
Hear this out loud PauseThe 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 assignment is the sale of your ownership in a trademark. Assignments should be made in writing. You should register any change in the ownership of your trademark with the Office of the Registrar of Trademarks at the Canadian Intellectual Property Office (CIPO) and you must pay a prescribed fee.
Hear this out loud PauseUnder the Lanham Act, a person that obtains a federal trademark has superior rights to use the mark throughout the United States. If a federal registration is obtained before the use of a similar mark in a state, the federal registration has priority over the state registration.
Hear this out loud PauseThe 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.