Ohio Collateral Assignment of Trademarks
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How to fill out Collateral Assignment Of Trademarks?
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FAQ
What are the documents required for licensing a trademark assignment ? A valid identity proof of both parties, a copy of the assignment agreement and a filled form TM-P of Trademarks Act 1999 must be produced along with fee payment.
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.
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).
In an application under §66(a) of the Trademark Act, a new owner must record any assignment, change of name, or other document affecting title with the IB. The document(s) must show clear chain of title from the original owner to the party who is taking the action.
Trademark assignment agreements provide a record of ownership and function similar to a digital version of a bill of sale. These agreements protect all parties involved including the business selling the trademark and the business buying the trademark.
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). Trademark applicants may create and submit a cover sheet for the recording of a trademark assignment.
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.
If your trademark is state-registered, you must also record the transfer with the applicable state. The USPTO Patent and Trademark Database will be automatically updated for assignments as well as name changes and mergers.
Prepare a Trademark Assignment AgreementTo be valid, the assignment must be signed by both parties. The parties should consult an attorney, specifically a trademark attorney, who can help draft an assignment that includes all the necessary information and language.