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A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment.
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.
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.
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 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.
Transfer of ownership is enacted through an agreement between the assignor and the assignee, which is your responsibility. Once you have this agreement and the supporting evidence, you need to submit this to us so we can record the assignment in the trade marks register.
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.