Rhode Island Assignment of Trademark Or Service Mark

State:
Rhode Island
Control #:
RI-SKU-0209
Format:
PDF
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Description

Assignment of Trademark Or Service Mark

Rhode Island Assignment of Trademark Or Service Mark is a legal instrument that allows a trademark or service mark owner to transfer rights of the mark to another party. The assignment can be either part of the mark or the entirety of the rights in the mark, including the ability to sue for infringement. The assignee is given the right to use the mark and the assignor relinquishes all rights to it. There are two types of Rhode Island Assignment of Trademark Or Service Mark: an assignment with goodwill and an assignment without goodwill. An assignment with goodwill is when the assignor transfers the trademark or service mark with the associated business goodwill, while an assignment without goodwill is when the assignor only transfers the rights to the trademark or service mark without any associated business goodwill.

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FAQ

The trademark assignment document must be signed by the assignor or owner of the trademark in favor of the assignee or the new owner receiving the property rights over the trademark. Thereafter, the trademark assignment must be recorded with the Trademarks Office to reflect the new ownership.

Trademarks Online: Applications to file a Trademark or Service Mark registration can be submitted online through the California Secretary of State's bizfile California portal, in person at the Sacramento office, or through the mail.

Although a pending trademark application may be assigned prior to maturing into a trademark registration, you may not assign a trademark application filed under Section 1(b) (intent to use) until the trademark itself is in use in commerce, meaning that there's an existing and ongoing business related to the mark.

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.

Trademark assignments must be in writing. The recording date of a document is the date it is filed with the USPTO. There may be assignments that are in whole or others that are considered to be partial assignments. This can become complicated if more than one person owns the trademark.

The word ?trademark? can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark assignment is a transaction where some or all of the property rights are transferred to another person or entity. It usually involves big money and needs to be notarized to be valid.

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Rhode Island Assignment of Trademark Or Service Mark