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Trademark Assignment Agreement is the transfer of a Trademark owner's rights, title or name, and interest in service mark/Trademark. The transferring party or assignor transfer property rights in the mark to the receiving party called the assignee.
Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks.
If your company sells an item or multiple items, you'd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
A service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
Assignor/Owner of Trademark must have the intention and consent for Trademark Assignment. Assignment of trademark must be in writing. There must be two identifying parties Assignor and Assignee. Valid Identified documents of both Assignor and Assignee.
If your trademark is state-registered, you must also record the transfer with the applicable state. The USPTO Patent and Trademark Database will be automatically updated for assignments as well as name changes and mergers.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
What are the documents required for licensing a trademark assignment ? A valid identity proof of both parties, a copy of the assignment agreement and a filled form TM-P of Trademarks Act 1999 must be produced along with fee payment.