Assignment of Trademark
About this form
The Assignment of Trademark is a legal document used to transfer ownership of a registered trademark from one party (the assignor) to another (the assignee). This form outlines the terms of the assignment, specifying the rights and interests being transferred. Unlike other intellectual property forms, this assignment focuses solely on trademarks, ensuring that the new owner obtains all related rights and responsibilities associated with the trademark.
Form components explained
- Mark Registration Number: Identifies the trademark being assigned.
- Date of Registration: Indicates when the trademark was registered.
- Class Number: Specifies the category of goods or services associated with the trademark.
- Assignor Information: Details about the current trademark owner, including name and addresses.
- Assignee Information: Details about the new owner receiving the trademark.
- Transfer Clause: Outlines the terms of the assignment and any compensation involved.
- Notary Section: A space for the notary public to verify the signatures.
When to use this document
This form should be used when a trademark owner wishes to sell, transfer, or assign their trademark rights to another party. Common scenarios include business mergers, acquisitions, or when a business owner decides to sell their brand or product line. It can also be used in cases where a trademark owner is transferring rights to a company or individual as part of a compensation agreement.
Who can use this document
Eligible users of this form include:
- Business owners transferring trademark rights.
- Companies acquiring trademarks as part of a merger or acquisition.
- Individuals purchasing a trademark for personal or business use.
- Legal representatives managing trademark transfers for clients.
Instructions for completing this form
- Identify the parties involved: Fill in the names and addresses of both the assignor and assignee.
- Specify the trademark details: Enter the mark registration number, date of registration, and class number.
- Define the terms of the assignment: Clearly outline any compensation or consideration provided in exchange for the trademark.
- Sign the document: Both the assignor and assignee must sign the form to confirm the transfer.
- Obtain notarization: Have the document notarized to ensure its legal validity.
Is notarization required?
Yes, this form must be notarized to be legally valid. Notarization verifies the identities of the parties involved and attests to the authenticity of the signatures. US Legal Forms offers integrated online notarization, available 24/7 through secure video calls, ensuring a convenient process without the need for travel.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to accurately complete the mark registration number and class number fields.
- Not including all necessary signatures from both parties.
- Overlooking the requirement for notarization, which could lead to issues with enforceability.
- Not specifying the terms of compensation clearly, leading to ambiguity.
Benefits of using this form online
- Convenience: Download and complete the form anytime, anywhere.
- Editability: Modify the template easily to fit your specific circumstances.
- Reliability: Forms drafted by licensed attorneys ensure that all legal requirements are met.
Key takeaways
- The Assignment of Trademark is necessary for transferring trademark ownership legally.
- Proper completion and notarization of this form are crucial for enforceability.
- This form can be adapted for various business transactions involving trademarks.
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FAQ
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.Failure to record an intellectual property transfer, or failure to make a timely recordation, can impact a startup's rights in a patent or patent application.
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.
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.
The USPTO fee is $40 for the first mark, and $25 for the second and subsequent marks. So, the total cost for preparing and filing a trademark assignment for a single mark would be $805.
A U.S. trademark assignment allows a business that owns or has applied for a trademark in the United States to transfer ownership to someone elseeven if it's the same entity under a new name. The person or business transferring ownership is the assignor, and the receiver is the assignee.
Typically, trademark applications and registrations can be assigned in whole or in part. For general information on trademark assignments, see the web page entitled, Trademark Assignments, where important concepts such as the chain of title and recording an assignment are discussed.
