Puerto Rico Assignment of Trademark
Description
How to fill out Assignment Of Trademark?
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FAQ
No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.
Who can Assign a Trademark? Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.
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.
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.
Why and How to Register a Trademark in Puerto Rico However, registration is highly advisable in order to protect such rights and be recognized as the registered owner. This proves useful in order to prevent third parties from registering one's trademark and in cases of trademark infringement in Puerto Rico.
Generally, paper filed assignments are recorded within 20 days of filing. Filing electronically is recommended and will result in faster processing times and fewer errors.
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.
U.S. TRADEMARKS IN PUERTO RICOU.S. trademark registrations can be enforced against infringers in Puerto Rico. Remedies available for trademark infringement under United States law include injunctive relief, lost profits and monetary damages, which can be trebled, and, in exceptional cases, attorney's fees.
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.