West Virginia Assignment of Trademark with Interest in Application for Federal Registration
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How to fill out Assignment Of Trademark With Interest In Application For Federal Registration?
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FAQ
To file an ITU, the applicant must show a good faith intention to use the mark in the future by submitting a sworn statement in the application ? subject to criminal penalties. ITU application enables a trademark applicant to reserve the trademark rights against a potential competitor.
You can register a trademark by going to the Secretary of State website (.sos.wv.gov), and filling out an application there. There are many steps to take before filling out the application, though. The Secretary of State lists five steps to complete: (1) Determine who has the right to register the mark.
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.
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.
The assignment of an intent-to-use application to someone who is not the successor to the applicant's business before filing an allegation of use renders the application void, and any resulting registration must be cancelled.
Intent to use means that you haven't started using your trademark in commerce, but you have a bona fide intent to do so within the next three to four years. For example, you might intend to make and sell jewelry, but you're just at the point of sourcing your materials?you haven't started making or selling jewelry yet.
Additionally, an Intent-to-Use trademark application requires proof of sale of the goods or services ?in commerce.? The benefits of an Intent-to-Use trademark application are: (1) priority rights; (2) public notice; and (3) lower risk.
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.