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Hear this out loud PauseThe 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.
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.
Hear this out loud PauseThe USPTO recording fee is $40 for the first mark, and $25 for each subsequent marks. For multiple marks, we can draft a single trademark assignment to be signed only once. The executed trademark assignment must then be properly recorded against each trademark to be transferred.
It's important to keep in mind that a trademark assignment must involve the exchange of something of value in order for it to be legally binding. This exchange, known as legal consideration, can take the form of a monetary payment or the transfer of other intellectual property rights, or the assumption of liabilities.
Furthermore, the Puerto Rico Trademark Act provides for a deposit of all federal certificates of registration issued by the USPTO, which in turn gives publicity and protection in Puerto Rico to all federally registered trademarks.
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 Trademark Timeline STEPTIMELINEUSPTO Reviews Application6-8 MonthsResponding to Examiner Rejection6 MonthsPublication3 MonthsGrant/Registration2-3 Months1 more row