South Dakota Trademark Assignment and License Agreement
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How to fill out Trademark Assignment And License Agreement?
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FAQ
An acceptable specimen must: Be a real example of how you use your trademark in commerce in providing your goods or services (not a mock up, printer's proof, digitally altered image, rendering of intended packaging, or draft of a website that shows how your mark might appear).
What Are Trademark Requirements? Provide your name and address as owner of the trademark. State the entity type (individual or corporation) and your national citizenship. Demonstrate actual use or a real intent to use the trademark in commerce. Give a detailed description of the product being trademarked.
- a verified statement of a bona fide intention to use a mark in commerce (in the event of an intent-to-use application); - filing fee for at least one class of goods or services. The submission of the Power of Attorney is not required when registering US trademarks.
You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
The assignment is a contract, which can cover a few different items. It may be an assignment of common law trademark rights. There may also be a federal trademark registration involved, as well. You can even assign a trademark application.
To register your trademark, you'll need to provide evidence that you're using it in commerce. This means you'll need to submit a specimen showing how you use your trademark. You'll also need to provide the date you first used your trademark in commerce and the date you first used it anywhere.
A trademark/service mark registration is good for 4 years and can be renewed up to 6 months prior to the expiration date. The trademark office can be reached through email at trademark@state.sd.us or via phone at (605)773-2797.