Wisconsin Assignment of Trade name/Trademark is a legal document that allows the owner of a trademark or trade name to transfer the rights to use their mark or name to another individual or entity in Wisconsin. This document is intended to protect the rights of the transferor to the mark or name and to provide the transferee with an exclusive right to use the name or mark in the state of Wisconsin. The assignment must be signed by both parties and filed with the Wisconsin Department of Financial Institutions in order to be legally binding. There are two types of Wisconsin Assignment of Trade name/Trademark: (1) Assignment of Trade name, which transfers the rights to use the name; and (2) Assignment of Trademark, which transfers the rights to use the mark. Both documents must include the names and addresses of the parties, the name or mark being assigned, a description of the goods and/or services associated with the name or mark, and the date of the assignment. The document must also be witnessed and notarized.
Wisconsin Assignment of Tradename/Trademark
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FAQ
The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.
What Can't Be Trademarked? Proper names or likenesses without consent from the person. Generic terms, phrases, or the like. Government symbols or insignia. Vulgar or disparaging words or phrases. The likeness of a U.S. President, former or current. Immoral, deceptive, or scandalous words or symbols. Sounds or short motifs.
There is no brand name protection for a trade name that is solely a trade name. However, you can use your name as a trademark and register for federal trademark protection of a trade name if your business sells or provides services in interstate commerce under a trademark that is the same as your trade name.
A trade name is the name a business chooses to do business under. It is commonly known as the ?doing business as? (DBA) name and can differ from the company's business name. If you produce goods, you would be applying for a trademark. If you ?produce? or provide a service, you would be applying for a service mark.
To register your business name, visit the Wisconsin Department of Financial Institutions website and search for ?registration of marks.? That will lead you to an ?Application for Registration of Marks? to complete. The fee is just $15.
When the USPTO approves a business name as a registered trademark, the owner has exclusive rights?at the state and federal level?to use the name. A trademark prevents anyone else from selling similar goods and services within the United States under that business name.
If you are going to provide services or products only within that state, there is no reason to register for a trademark. If you are offering products and services in multiple states and want federal protection for the name of your business, though, you would need to register for a trademark.
Trademarks are filed online or can be walked-in to our office located in Madison, WI. You can create a free account and begin filing the same day. Trademarks are not required but are a way to notify the public of the use of a certain name (Doing Business As) or design (logo) that you are using in Wisconsin.