North Carolina Trademark Assignment and License Agreement
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How to fill out Trademark Assignment And License Agreement?
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FAQ
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.
Although 15 U.S.C. § 1060 requires that assignments be written, a license can be oral. In licensing trademark rights, the owner may include the right to sue for trademark infringement. The licensee's right to sue originates from the license and is governed by the terms of the licensing agreement.
State whether the trademark is in use or there is a real intent to use. Provide a drawing of the trademark. List the products and/or services sold under the trademark. The trademark must be distinctive.
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.
A nunc pro tunc trademark assignment is one where the parties agree the assignment was granted on an earlier date in order to retroactively document a transfer of ownership. Latin for ?now for then,? a nunc pro tunc document can be thought of as a backdated document.
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.
The assignor relinquishes all rights and interests in the trademark, while the assignee becomes the new owner. Trademark Licensing: Trademark licensing allows a third party (licensee) to use the trademark under specified terms and conditions set by the trademark owner (licensor).
It's important to keep in mind that a trademark assignment must involve the exchange of something of value in order for it to be legally binding. This exchange, known as legal consideration, can take the form of a monetary payment or the transfer of other intellectual property rights, or the assumption of liabilities.