Save Signed Trademark Assignment Agreement For Free

Who can Assign a Trademark? Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.

The USPTO is responsible for recording all trademark assignments. A request to record a trademark assignment may be filed online using the Electronic Trademark Assignment System (ETAS). Trademark applicants may create and submit a cover sheet for the recording of a trademark assignment.

Trademark assignments must be in writing. The recording date of a document is the date it is filed with the USPTO. There may be assignments that are in whole or others that are considered to be partial assignments. This can become complicated if more than one person owns the trademark.

A trademark assignment (or trademark transfer) is both the process and the documentation of the change in the ownership of a trademark. The trademark assignment document must be signed by the assignor or owner of the trademark in favor of the assignee or the new owner receiving the property rights over the trademark.

After the complete assignment of the trade mark the owner loses his rights over the trademark and the assignee retains all the such respective rights. Partial Assignment of a Trademark: Here the transfer of the ownership is done to certain products and services only.

Should trademark assignments be recorded with the USPTO? An executed trademark assignment must be properly recorded with the USPTO to establish a clear chain of title from the old owner to the new owner. This will enable the public to search and recognize the new trademark owner.

Recorded assignment information will be made a public record. The official filing fee for recording a trademark assignment is $40.00 for the first trademark application or trademark registration and $25.00 for the second or subsequent trademarks for the same trademark owner.

The six basic requirements for trademark registration are: Identify the trademark owner. Specify whether the trademark owner is a business or person. State whether the trademark is in use or there is a real intent to use. Provide a drawing of the trademark. List the products and/or services sold under the trademark.