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An Intent-To-Use (ITU) trademark application cannot be assigned to a new owner prior to the original applicant filing evidence of use. In other words, the original applicant of an ITU must first use the trademark in connection with the goods or services identified in the trademark application.
Trademarks Online: Applications to file a Trademark or Service Mark registration can be submitted online through the California Secretary of State's bizfile California portal, in person at the Sacramento office, or through the mail.
Transfer of ownership is enacted through an agreement between the assignor and the assignee, which is your responsibility. Once you have this agreement and the supporting evidence, you need to submit this to us so we can record the assignment in the trade marks register.
To transfer the ownership of a trademark to your new company, you will need to draft an Assignment Agreement that clearly outlines the transfer of ownership from the current owner (which could be you as an individual or your existing company) to the new company.
To transfer the ownership of a trademark to your new company, you will need to draft an Assignment Agreement that clearly outlines the transfer of ownership from the current owner (which could be you as an individual or your existing company) to the new company.
The trademark assignment should include: name and address of the new owner (assignee); if the assignee is a company, the type of entity and state of incorporation; specific details of the trademark application(s) and/or registration(s) to be transferred; and.
Use the Electronic Trademark Assignment System (ETAS) to submit your request to transfer ownership or change the owner name for your U.S. application or registration. You will need to fill out a cover sheet with certain information and may also need to upload supporting documents, depending on the type of change.
The assignment is a contract, which can cover a few different items. It may be an assignment of common law trademark rights. There may also be a federal trademark registration involved, as well. You can even assign a trademark application.