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An assignment of a trademark refers to the transfer of ownership of a trademark from one party to another. In North Carolina, an assignment can enhance the protection and use of your brand. It is essential to document this transfer to ensure legal recognition and preserve your trademark rights. For a seamless process, consider using resources like U.S. Legal Forms to assist with the North Carolina Assignment of Trademark.
Who can Assign a Trademark? Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.
Steps in Assigning a TrademarkDraft an assignment agreement and have it signed by both parties. Name the person or company buying the trademark as the assignee and the current trademark owner as the assignor. Clearly identify both these parties as well as the trademark in question.
An executed trademark assignment must be properly recorded with the USPTO to establish a clear chain of title from the old owner to the new owner. This will enable the public to search and recognize the new trademark owner.
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.
How to Register a Trademark or Service Markin North CarolinaFind Out If the Trademark or Service Mark is Available:2 Get Three (3) Specimens Showing Use of the Trademark or Service Mark:3 Frequently Asked Questions:Complete a Trademark Registration or Renewal Application:$75 Non-Refundable Filing Fee:
A trademark assignment is the transfer of an owner's property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
Changing the trademark on the drawing (only non-material, insignificant changes to match the mark on your specimen or foreign registration) (not applicable to a Section 66(a) application) After publication, use the Post-Publication Amendment form. There is no fee for this form.
If you application is sufficient, it will be published in the USPTO's Official Gazette. The USPTO will wait to see whether anybody objects to your application. If nobody objects within the allowed time and if you are already using the mark, the USPTO will register the mark.