Assignment of Trademark
Understanding this form
The Assignment of Trademark is a legal document that allows the owner of a trademark (the Assignor) to transfer their rights and interests in the trademark to another party (the Assignee). This form ensures a smooth transition of ownership and protects the rights of both parties involved. By formalizing the assignment, it helps prevent potential disputes that may arise over trademark usage in the future.
Main sections of this form
- Date of the assignment.
- Names and details of both the Assignor and Assignee.
- Detailed description of the trademark and goodwill being assigned.
- Warranties regarding ownership and rights of the trademark.
- Clauses regarding severability, arbitration, and modification.
- Signatures of both parties and their authorized representatives.
Common use cases
This form should be used when the owner of a trademark wants to transfer their rights to another party. Common scenarios include sales of businesses that own trademarks, partnerships, or when an individual inventor assigns their trademark to a company. Using this form helps ensure that all legal aspects of the transfer are documented properly, providing clear ownership of the trademark by the Assignee.
Intended users of this form
- Business owners transferring trademark rights.
- Entrepreneurs assigning their trademarks to new ventures.
- Partners in a business dissolving and needing to transfer trademark ownership.
- Corporations acquiring trademarks from another entity.
Instructions for completing this form
- Enter the date of the assignment at the top of the form.
- Fill in the name and address of the Assignor and Assignee.
- Provide a detailed description of the trademark and any goodwill associated with it.
- Both parties should read and understand the severability and arbitration clauses.
- Sign the document in the presence of an authorized representative.
Does this document require notarization?
This form does not typically require notarization unless specified by local law. However, having it notarized can provide an added layer of authenticity and can be beneficial if disputes arise. US Legal Forms offers integrated online notarization services, providing a secure video call option for convenience.
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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
- Failing to completely describe the trademark and associated goodwill.
- Not having the document signed by both parties.
- Omitting the necessary dates from the form.
- Neglecting to review or understand the terms of the agreement.
Why complete this form online
- Convenient access and easy download of the form.
- Editable fields make it simple to fill in necessary information.
- Guidance on the legal aspects ensures accuracy and compliance.
- Instant availability saves time and eliminates the need for in-person consultations.
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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.
