Virginia Assignment of Trademark
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How to fill out Assignment Of Trademark?
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FAQ
Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day. The filing fee for this service is $40.
Unlike patents, trademarks are associated with a product or a business and are not sold outright. Trademark ownership can be transferred along with ownership of the business or product the trademark represents. For example, if you sell your business, you may sell the trademark rights to the logo along with it.
Every owner of a trademark owner who wishes to transfer his/her right with regard to its trademark can do so either by trademark licensing or trademark assignment which is governed under the Trademark Act, 1999.
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.
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (assignor) that transfers ownership of the trademark to a new owner (assignee).
To transfer ownership or update your information to reflect a legal name change: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.
Like any other property/ asset, the owner of the trademark (i.e., the assignor) has the right to sell, license, or transfer the same. The transfer of trademark is possible through the Trademark Assignment Agreement or Trademark Licensing.
By law, a trademark owner may transfer or sell his or her property rights to another through a legal document referred to as an assignment. An assignment is generally a written agreement in which the two parties have negotiated and agreed to a price. To be valid, the assignment must be signed by both parties.
Steps in Assigning a TrademarkDraft an assignment agreement and have it signed by both parties. Name the person or company buying the trademark as the assignee and the current trademark owner as the assignor. Clearly identify both these parties as well as the trademark in question.
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.