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How to Transfer Ownership of Trademarks

Updated:2018-3-30 12:26:11    Source:www.tannet-group.comViews:252

How to transfer ownership of trademarks refers to trademark assignment. The trademark assignment is the transfer of one’s ownership of a mark to another person or entity. The prior owner (assignor) gives up all rights to the mark to the new owner (assignee), who is then expected to maintain the level of quality previously associated on the goods or services represented by the mark.

There are a variety of reasons why you may want to transfer ownership of your registered trademark (or acquire ownership of a trademark). For example, trademarks may need to be assigned during a business acquisition or as part of a reorganization. In this exposition, Tannet mainly briefs on how to transfer ownership of US trademarks.

Steps for transferring your trademark
between the parties and then documenting the transfer with the U.S. Patent and Trademark Office (USPTO). Before you can document your transfer with the USPTO, you’ll need to put together a trademark transfer (or assignment) agreement. This document will lay out the terms of the transfer, including payment terms, what rights are being assigned, the USPTO registration number of the trademark, and any representations and warranties from the current owner of the trademark—the current owner typically represents to the new owner that they own all rights to the trademark, have the authority to transfer the mark, and are not aware of pending claims against the trademark or its use.

In order to move forward with transferring ownership of the registered trademark with the USPTO, you are first required to have a signed trademark transfer agreement.

Importance of transferring your trademarks correctly
If you fail to properly transfer ownership of your trademarks and the individual or company that you sell your rights to does something with the trademark that infringes on another trademark, then, because you still technically own the trademark (at least as far as the USPTO records go), you may be roped into the dispute.

On the other hand, if you purchase the rights and interest to a trademark and never properly record the transfer with the USPTO, then you may end up in a battle over ownership with the prior owner—the prior owner technically still owns the trademark until the transfer is recorded with the USPTO.

Contact Us
If you’re interested in learning more about transferring your trademarks and avoiding ownership or infringement issues associated with not properly recording the transfer, feel free to contact Tannet by simply visiting www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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