South Carolina Trademark and Service Mark Assignment Application (Assignment of A Trademark Or Service Mark) is a document that must be filled out and filed with the South Carolina Secretary of State’s Office in order to register a trademark or service mark in the state of South Carolina. This document is used to transfer ownership of a trademark or service mark from one party to another. The application must include the name and address of the assignor (the party who is transferring the trademark or service mark) and assignee (the party receiving the trademark or service mark). It must also include the filing fee, a statement of the facts upon which the assignment is based, and a copy of the document or instrument that transfers the trademark or service mark. There are two types of South Carolina Trademark and Service Mark Assignment Application (Assignment of A Trademark Or Service Mark): an Assignment Without Goodwill and an Assignment With Goodwill. An Assignment Without Goodwill is used when the trademark or service mark does not have any associated goodwill value, and the assignor is only transferring the legal rights to the trademark or service mark. An Assignment With Goodwill is used when the trademark or service mark has some goodwill value, and the assignor is transferring the legal rights to the trademark or service mark, as well as the goodwill associated with the trademark or service mark.
South Carolina Trademark and Service Mark Assignment Application (Assignment of A Trademark Or Servce Mark)
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FAQ
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 service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.
Types of trademark assignment include: Complete assignment, in which all rights to the trademark are transferred to a third party.Partial assignment, in which only the trademark for a specific product or service is transferred.
For example, a tag or label for the goods, a container/packaging for the goods, a display associated with the goods, or a photograph of the goods are examples of trademark specimens. A service mark specimen is an actual example of how you are using the mark in commerce on or in connection with the identified services.
Normally a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. A trade name is an actual or assumed name of a business entity, not a name for a specific product or service.
For Intent-to-Use applicants, if you're transferring ownership to a business successor for the goods or services for which your mark relates, you can file your assignment at any time. In all other cases, you must wait until after you file an Amendment to Allege Use before you file your assignment.
This can be any word, phrase, symbol, etc. that identifies the source of a good or a service in commerce. Let me use McDonald's® as a good example. The word ?McDonald's? is a trademark.
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.