Oklahoma Trademark Assignment and License Agreement Regarding Design Mark

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Multi-State
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US-1015BG
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Description

A "trademark" is a word, design or combination used by an individual or a business to identify its goods or services. In some cases a trademark can also be a sensory mark--a sound, a color or a smell. Trademarks protect names used to identify goods (or services) and their source of origin. The law protects trademarks in part because trademarked items tend to carry with them certain quality assurances. You may use any kind of name or symbol as a trademark to identify your product. A license is a contractual right that gives someone permission to do a certain activity or to use certain property owned by someone else. Licensing agreement is an agreement between two enterprises allowing one to sell the other's property such as products or services and to use their name, sales literature, trademarks, copyrights, etc. in a limited manner. The stylized logo (also known as a design mark) is used to register words and/or letters having a particular stylized appearance, a mark consisting of a design element, or a combination of stylized wording and design. In other words, a design mark can protect a logo with or without words.
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FAQ

The assignment of a trademark involves transferring ownership from one party to another. In the context of the Oklahoma Trademark Assignment and License Agreement Regarding Design Mark, this process ensures that the rights to the specific design mark are legally recognized. The new owner can then use, enforce, and license the trademark as their own, which helps maintain brand integrity.

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.

In theory, a design mark registration may enable the trademark owner to assert infringement against a similarly looking logo even if the underlying wording in the logo may be different. It would not take too much imagination to think of ways to copy a particular stylized logo while using different words.

Under a standard character trademark designation, trademark law provides protection for the literal letters or words within the mark. Standard character marks allow the mark's owner to utilize any colors, size or font style he or she prefers.

By law, a trademark owner may transfer or sell his or her property rights to another through a legal document referred to as an assignment. An assignment is generally a written agreement in which the two parties have negotiated and agreed to a price. To be valid, the assignment must be signed by both parties.

There are two ways to register a trademark. While they go by different names, I simply call one a word mark and the other a design mark. A word mark consists of the wording in a particular trademark without regard to style, design or any graphic elements. A design mark includes those stylized features.

WHAT IS THE DIFFERENCE BETWEEN ASSIGNMENT AND A LICENSE? The main difference between the two is that in a license the person granting permission (Licensor) retains an interest in the property being licensed, whereas in an assignment the assignor transfers his rights in the property being assigned.

A standard character trademark is one where the trademark has word(s), letter(s), and/or number(s) with no design element and no claim to any particular font, style, size, or color. An application for a standard character trademark (also known as a word mark) protects the word in all visual displays of the trademark.

This is because the word mark registration protects the words themselves without reference to any particular font, style, size, or color, but the design mark protects the design and the way the words are used in the design.

A Trademark Assignment Agreement is a written document that legally transfers a legally recognized word, phrase, symbol, and/or design (the Trademark) from the current owner (the Assignor) to the future owner (the Assignee).

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Oklahoma Trademark Assignment and License Agreement Regarding Design Mark