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Since trademark assignment involves transferring rights over an asset (that usually costs a lot of money), notarizing is important. Moreover, at the time of transfer, the assignor submits an affidavit that is notarized mentioning that the Trademark is truly theirs.
It's a good idea to have your assignment notarized. This will limit later challenges to the validity of a party's signature or of the transfer itself. If your agreement is complicated, do not use the enclosed form. Contact an attorney to help you draft an assignment that will meet your specific needs.
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.
Under US trademark law more than one person is able to own a trademark, and interested parties are able to apply together.
Steps in Assigning a Trademark Draft an assignment agreement and have it signed by both parties. ... Fill out the Recordation Form Cover Sheet, which can be completed online. ... Submit both the agreement and the cover sheet to the USPTO's Assignment Recordation unit.
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).
The USPTO is responsible for recording all trademark assignments. A request to record a trademark assignment may be filed online using the Electronic Trademark Assignment System (ETAS).
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.