Massachusetts Assignment of Service Mark and Trade Dress

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Multi-State
Control #:
US-1340817BG
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Description

A trademark is a word, design or combination used by an individual or a business to identify its goods or services. Marks identifying services rather than goods are technically referred to a service mark.
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FAQ

Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.

If you wish to register a trademark or service mark, you can submit an application with the United States Patent and Trademark Office (USPTO). When your registration is approved, you may legally mark your product or service with the registered trademark symbol, ®. Using this symbol without registration is illegal.

1.) Name Coco Chanel is a perfect example of a name that is a trademark. The famous designer Coco Chanel built her successful fashion empire by using her name. People knew that if they were to purchase a Coco Chanel product they were going to receive quality craftsmanship.

There are various of types of trademarks which can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark and pattern mark.

The golden arches of McDonald's® is an example of a design that is a registered trademark. The NikeA® logo with the swoosh is a combination of a word and a design that is a registered trademark.

Instead, a trademark must be assigned through an Assignment of Rights. That Assignment must transfer not only the trademark and the registration, but must also transfer the goodwill behind the trademark to be valid.

An example of a trademark is a motto. Once issued, the trademark is registered with the Patent and Trademark Office.

Assigning a registered trade markIdentify the assignor and the assignee (i.e. the business buying the trade mark) State the effective date of the assignment. State the amount of consideration being paid by the assignee. Contain details of the trade mark being assigned.

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.

Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, generic, and cannot function as trademarks.

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Massachusetts Assignment of Service Mark and Trade Dress