South Carolina Assignment of Trademark
Description
How to fill out Assignment Of Trademark?
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FAQ
A registered trademark in the United States can last indefinitely, as long as it is actively used in commerce and properly maintained. Typically, you need to file specific maintenance documents between the 5th and 6th year after registration, and then every 10 years. Staying on top of these requirements ensures that your rights remain protected. Keeping track of your South Carolina Assignment of Trademark can help maintain your brand's value.
An executed trademark assignment must be properly recorded with the USPTO to establish a clear chain of title from the old owner to the new owner. This will enable the public to search and recognize the new trademark owner.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
Steps in Assigning a TrademarkDraft an assignment agreement and have it signed by both parties. Name the person or company buying the trademark as the assignee and the current trademark owner as the assignor. Clearly identify both these parties as well as the trademark in question.
If you application is sufficient, it will be published in the USPTO's Official Gazette. The USPTO will wait to see whether anybody objects to your application. If nobody objects within the allowed time and if you are already using the mark, the USPTO will register the mark.
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
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.
To register a trademark or service mark in the state of South Carolina, applicants must file the Application for Registration of a Trademark or Service Mark (PDF). This is also the form you will use to renew your trademark or service mark.
Changing the trademark on the drawing (only non-material, insignificant changes to match the mark on your specimen or foreign registration) (not applicable to a Section 66(a) application) After publication, use the Post-Publication Amendment form. There is no fee for this form.
Unregistered Trademark: Section 39 of the Trade Marks Act, 1999, stipulates that the trademarks can be allocated with or without the goodwill of the business. The request has to be made in Form TM -16 for an unregistered trademark to be assigned.