Kansas 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
Here is a timeline of what you can expect: Day 1: You file your Intent of Use trademark. 3 Months after filing: Your application is assigned to a USPTO examining attorney. 1 Month after assignment: Trademark is approved and published for opposition or an office action issues.
Intent to Use Application: Conversely, a Section 1(b) Intent to Use Application is just that, an application filed based upon an intent to use a particular name. In other words, it is an application filed by an Applicant who is not yet using their trademark in commerce but has plans to do so in the future.
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.
Intent to use means that you haven't started using your trademark in commerce, but you have a bona fide intent to do so within the next three to four years. For example, you might intend to make and sell jewelry, but you're just at the point of sourcing your materials?you haven't started making or selling jewelry yet.
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.
If you have not used your mark in commerce yet, but have a good faith intention to do so in the future, you can file an application to register your trademark or service mark with an intent-to-use (ITU) filing basis.
To register a trademark, the mark must either be currently in use or intended to be used in commerce. You must file on the basis of ?intent to use? if the mark you are registering has not yet been used and is not currently in use but you have real intent to use it in the future.
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.