Kansas Assignment of Trade Name is a legal document that allows a business entity or individual to transfer their ownership rights over a trade name to another party. This process ensures that the assignee assumes all rights and responsibilities associated with the trade name, including its goodwill, trademarks, and customer recognition. The Assignment of Trade Name in Kansas is regulated under the Kansas Business Entity Laws, specifically under the Kansas Uniform Commercial Code. This code outlines the guidelines and requirements for conducting such assignments in the state. There are two primary types of Kansas Assignment of Trade Name: 1. General Assignment of Trade Name: This type of assignment involves the transfer of a trade name from one party to another without any restrictions or limitations. The assignor relinquishes all rights associated with the trade name, while the assignee acquires full ownership rights, including the ability to use and protect the trade name. 2. Limited Assignment of Trade Name: In this case, the assignment is subject to certain restrictions or limitations specified in the agreement. These restrictions may include geographical limitations, industry-specific limitations, or time limitations. The assignor and assignee must clearly outline these limitations in the assignment agreement to avoid any ambiguity or legal disputes. When drafting a Kansas Assignment of Trade Name, certain essential elements should be included: 1. Parties Involved: Clearly identify the assignor (current owner) and the assignee (new owner) of the trade name. 2. Trade Name Details: Provide the full and accurate name of the trade name being assigned, along with any associated trademarks, logos, or symbols. 3. Consideration: Specify the consideration exchanged between the assignor and assignee for the trade name transfer. This could include monetary compensation or other agreed-upon benefits. 4. Warranties and Representations: Include any warranties or representations made by the assignor regarding the ownership rights and free and clear title of the trade name being assigned. 5. Governing Law: State that the agreement will be governed by the laws of the state of Kansas. 6. Signatures: Both the assignor and assignee must sign the document and have their signatures notarized for validity. It is important to note that filing the Kansas Assignment of Trade Name with the Kansas Secretary of State is not a legal requirement. However, it is recommended to do so for documentation and record-keeping purposes. In summary, a Kansas Assignment of Trade Name is a legal document that enables the transfer of ownership rights of a trade name from one party to another. Whether it is a general or limited assignment, this document ensures a clear and lawful transfer of the trade name's ownership and associated rights. Proper documentation and adherence to the Kansas Business Entity Laws are vital for a valid and enforceable assignment.
Kansas Assignment of Trade Name
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FAQ
Any trade name can be registered except in case of companies and LLPs. In Company and LLP ministry do not approve the similar name. If the trademark is registered with any name then the ministry will not approve a similar trade name for Company and LLP. The registration period also differs.
No. State law does not require or permit the registration or filing of DBAs or fictitious names.
The state of Kansas does not register DBA, Assumed Name, Trade Name, Fictitious Name, or Sole Proprietorships.
Visit , then click Business Filing Center, then click Trademark/Service Mark Search. Registration of marks in Kansas is based on actual use of the mark in Kansas commerce.
A. No. State law does not require or permit the registration or filing of DBAs or fictitious names.
To register your Kansas LLC, you'll need to file the Articles of Organization with the Kansas Secretary of State. You can apply online or by mail. Read our Form an LLC in Kansas guide for details. Or use a professional service like ZenBusiness or to form your LLC for you.
How do I reserve a business name? A. Name reservations may be filed online at . Filing a name reservation holds the name for 120 days.
While Kansas does not list or register DBAs or have statutes requiring or permitting the registration or filing of DBAs or fictitious names, you can reserve a name for 120 days through the Kansas Business Center.
What is the filing fee for a trademark/service mark registration? A. The filing fee for the application is $40. Please submit payment by check, money order, or credit card.
