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Key TakeawaysYou can transfer a trade mark via assignment or licensing.Assignment refers to the transfer of your trade mark to another entity via sale and can be partial or full.You must apply to the Registrar to record your assignment.More items...?
If you registered your trademark in your name personally (example: Sawyer, Tom INDIVIDUAL) and you intend for your new business to own the trademark, then you need to transfer the trademark and the trademark registration through a formal Assignment of Rights.
Assignment or transmission of a trade mark refers to the process by which ownership of a registered trade mark or a trade mark whose registration is being sought may be passed from one party to another. This includes adding or removing current owners/applicants.
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.
They can be sold, transferred, even used as collateral for debts. However, when it comes to transferring trademark rights from one entity to another, it is simply not enough to transfer the registration, or transfer the trademark itself. Instead, a trademark must be assigned through an Assignment of Rights.
There is no proscribed form for the assignment, but by statute it must be in writing and duly executed. The assignment will be checked for accuracy by the United States Patent and Trademark Office (PTO) so make sure the information in the application matches the assignment document.
The Process of Trademark Transfer Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day.
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.
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (assignor) that transfers ownership of the trademark to a new owner (assignee).
Assignment and Transmission of Trademark is a process in which ownership of the trademark is passed from one person to another with full or partial rights depending on the terms and conditions of the owner of the trademark.