Assignment of Trademark
Understanding this form
This Assignment of Trademark form is a legal document that allows the current owner of a trademark (the Assignor) to transfer ownership of that trademark to another party (the Assignee) in exchange for compensation. This form is essential for formalizing the transfer of trademark rights, which is distinct from licenses that merely allow others to use the trademark without transferring ownership. This form is specifically tailored for situations where ownership rights are changing hands and must include key information about the trademark involved.
Main sections of this form
- Mark Registration Number: Unique identifier for the trademark.
- Date of Registration: The official date the trademark was registered.
- Class Number: The category in which the trademark is registered.
- Assignor Details: Information about the current owner of the trademark, including name and address.
- Assignee Details: Information about the new owner, including name and address.
- Consideration Clause: Specifies what the Assignee will provide in exchange for the trademark.
- Signatures: Both partiesâ signatures acknowledging the transfer and a notary section.
When this form is needed
You should use the Assignment of Trademark form in situations where you want to sell or transfer ownership of your trademark to another individual or entity. This is common in business transactions, mergers, or sales involving intellectual property. It is also useful when a trademark owner wishes to formally document the transfer of rights to ensure legal protection and clarity for both parties involved.
Who can use this document
This form is suitable for:
- Business owners looking to transfer trademark rights to another party.
- Individuals who have registered trademarks and wish to assign them.
- Legal representatives assisting clients in the trademark assignment process.
Completing this form step by step
- Identify the parties: Clearly fill in the names and addresses of both the Assignor and Assignee.
- Provide trademark details: Enter the Mark Registration Number, Date of Registration, and Class Number accurately.
- Specify the consideration: Clearly state what the Assignee is providing in exchange for the trademark ownership.
- Sign and date: Both parties must sign the document and provide the date of signing.
- Notarization: Arrange for a notary public to witness the signatures, if required by jurisdiction.
Is notarization required?
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Leaving out critical trademark details such as registration numbers or class categories.
- Failing to provide accurate names and addresses for both the Assignor and Assignee.
- Not specifying the consideration clearly, which can lead to disputes.
- Skipping the notarization if required by local law.
Why complete this form online
- Convenience: Easily downloadable and can be completed at your own pace.
- Editability: Customize the form to fit your specific circumstances before finalizing.
- Reliability: Forms provided by licensed attorneys ensure legal validity and compliance with relevant laws.
Key takeaways
- The Assignment of Trademark is necessary for transferring trademark ownership legally.
- Proper completion and notarization of this form are crucial for enforceability.
- This form can be adapted for various business transactions involving trademarks.
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FAQ
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.Failure to record an intellectual property transfer, or failure to make a timely recordation, can impact a startup's rights in a patent or patent application.
Use Electronic Trademark Assignment System (ETAS) to request the change. If you're filing a TEAS form within the next week, you may need to manually update the owner information on the TEAS form.
Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks.
The USPTO fee is $40 for the first mark, and $25 for the second and subsequent marks. So, the total cost for preparing and filing a trademark assignment for a single mark would be $805.
A U.S. trademark assignment allows a business that owns or has applied for a trademark in the United States to transfer ownership to someone elseeven if it's the same entity under a new name. The person or business transferring ownership is the assignor, and the receiver is the assignee.
Typically, trademark applications and registrations can be assigned in whole or in part. For general information on trademark assignments, see the web page entitled, Trademark Assignments, where important concepts such as the chain of title and recording an assignment are discussed.
