Utah Assignment of Service Mark and Trade Dress
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How to fill out Assignment Of Service Mark And Trade Dress?
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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. Once as assignment has been executed, it should be recorded.
Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.
If you wish to register a trademark or service mark, you can submit an application with the United States Patent and Trademark Office (USPTO). When your registration is approved, you may legally mark your product or service with the registered trademark symbol, ®. Using this symbol without registration is illegal.
Instead, a trademark must be assigned through an Assignment of Rights. That Assignment must transfer not only the trademark and the registration, but must also transfer the goodwill behind the trademark to be valid.
Section 39 stipulates that an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. A request has to be made on Form TM-16 for an unregistered trademark to be assigned or transferred.
Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration. Trade dress that is not inherently distinctive can be registered on the United States Supplemental Register. If an owner can show secondary meaning, it can be registered on the United States Principal Register.
A service mark is a brand name or logo that identifies the provider of a service. A service mark may consist of a word, phrase, symbol, design, or some combination of these elements.
What are the documents required for licensing a trademark assignment ? A valid identity proof of both parties, a copy of the assignment agreement and a filled form TM-P of Trademarks Act 1999 must be produced along with fee payment.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
Assigning a registered trade markIdentify the assignor and the assignee (i.e. the business buying the trade mark) State the effective date of the assignment. State the amount of consideration being paid by the assignee. Contain details of the trade mark being assigned.
