Assignment of Trademark
Understanding this form
The Assignment of Trademark is a legal document that facilitates the transfer of trademark rights from one party (the Assignor) to another (the Assignee). This form is essential for businesses and individuals who want to formally assign their trademark rights, ensuring that the Assignee can effectively use and protect the trademark. Unlike other trademark-related documents, this assignment explicitly signifies the transfer of ownership, including any associated goodwill and common-law rights.
Key components of this form
- Date of the assignment.
- Name and details of the Assignor (the party giving up rights).
- Name and details of the Assignee (the party receiving rights).
- Description of the trademark being assigned (including attached Exhibit A).
- Warranties from the Assignor regarding ownership and rights.
- Provisions for severability, arbitration, and modification of the assignment.
When to use this form
This form should be used when a trademark owner decides to transfer their rights to another entity. Common situations include the sale of a business, mergers and acquisitions, or when a trademark owner restructures their business. It is also suitable when businesses wish to let another party commercially use their trademark under a formal agreement.
Who should use this form
- Owners of trademarks looking to assign their rights.
- Businesses undergoing mergers or acquisitions that involve trademark transfer.
- Individuals or companies entering into agreements for the commercial use of trademarks.
Completing this form step by step
- Identify and fill in the date of the assignment.
- Provide the full name and details of both the Assignor and the Assignee.
- Specify the trademark being assigned, referencing Exhibit A for detailed information.
- Ensure the Assignor confirms ownership rights and agrees to the terms.
- Sign the document with the appropriate titles, ensuring both parties are represented.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
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.
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.
Typical mistakes to avoid
- Failing to provide complete and accurate details of the Assignor and Assignee.
- Not including appropriate exhibits that describe the trademark in full detail.
- Overlooking the necessity of signatures from authorized representatives.
Benefits of completing this form online
- Convenience of downloading and customizing the form at any time.
- Access to templates that are drafted by licensed attorneys, ensuring legal validity.
- Ability to store and manage documents electronically for easy retrieval.
Looking for another form?
Form popularity
FAQ
Trademark assignments should also be filed electronically on the USPTO website. The Electronic Trademark Assignment System (ETAS) allows the parties to create and submit an Assignment Recordation Coversheet online by completing a form and attaching an image of the legal documentation (assignment agreement).
In the US, there is no requirement that an assignment be notarized.Note, however, that in many foreign countries, an assignment must be notarized to be valid.
Once a trademark is registered, its owner should monitor its use.It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own.
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.
Use EPAS to create and submit a Patent Assignment Recordation Coversheet by completing on-line web forms and attaching the supporting legal documentation as black and white TIFF or PDF for submission via the internet. You may email questions about filing electronic patent assignments to EPAS@uspto.gov .
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.
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.
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.
