Assignment of Trademark
What is this form?
The Assignment of Trademark is a legal document used to transfer ownership of a trademark from one party (the Assignor) to another (the Assignee). This form specifies the rights being assigned, including goodwill and common-law rights associated with the trademark. Unlike other trademark-related forms, this document uniquely formalizes the transfer of trademark rights, ensuring that the Assignee receives full ownership for use and enforcement.
Key parts of this document
- Date of assignment
- Name and details of Assignor and Assignee
- Description of the trademark and rights being transferred
- Warranties by Assignor regarding trademark ownership
- Provisions for defending and registering the trademark post-assignment
- Mandatory arbitration clause for dispute resolution
When to use this document
This form should be used when a trademark owner (Assignor) decides to sell or transfer their trademark rights to another entity (Assignee). Situations may include the sale of a business that holds a trademark, a partnership dissolution where one party retains ownership of a trademark, or any time a original trademark owner wishes to assign their rights to another party.
Who should use this form
- Business owners looking to sell or transfer trademark rights
- Corporations entering into agreements to assign trademarks
- Partners in a business seeking to formalize the transfer of trademark ownership
- Attorneys managing trademark transactions on behalf of clients
Completing this form step by step
- Identify the date of the assignment.
- Enter the full legal name and address of the Assignor.
- Provide the full legal name and address of the Assignee.
- Detail the trademark and its associated rights outlined in Exhibit A.
- Include the signatures of authorized representatives from both the Assignor and Assignee.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added 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.
Common mistakes to avoid
- Failing to provide accurate information regarding the trademark and parties involved.
- Not including the necessary signatures from authorized representatives.
- Omitting details about the rights being transferred in Exhibit A.
- Leaving out the date of assignment, which is crucial for legal validity.
Benefits of completing this form online
- Convenience of downloading and completing the form at your own pace.
- Editability allows for simple adjustments to suit specific needs.
- Access to professionally drafted templates, ensuring legal compliance.
- Availability of integrated online resources for additional guidance.
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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.