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US Trademark Assignment/Transfer

Updated:2018-9-14 16:42:09    Source:www.tannet-group.comViews:12

US trademark assignment/transfer is a transfer of an owner’s rights, title, and interest in a trademark or service mark. The transferring party (“assignor”) transfers to the receiving party (“assignee”) its property rights in the mark. An assignment differs from a license, which is the grant of permission to use a mark in some manner but does not transfer any rights of ownership in the mark. There are a variety of reasons why you may want to transfer ownership of your federally registered trademark (or acquire ownership of a trademark). Below is an introduction to how to transfer your US trademark.

How to Transfer a Trademark
Trademarks can be sold and transferred from one owner to another through a process known as assignment. The process involves creating an assignment agreement and recording the agreement with the U.S. Patent and Trademark Office. Then how to transfer a trademark?

Step 1: Prepare a trademark assignment agreement between the assignor and the assignee. The agreement should identify the parties and the trademark being transferred and should include other details that the parties have agreed on.

Step 2: Complete the Forms and documents. To complete the form, you will need information about the parties and the trademark being transferred. You will also need to provide the name and address of an agent to receive information about the trademark.

Step 3: Record the signed trademark assignment agreement and the Recordation Form with USPTO. This can be done electronically, by fax or by postal mail.

Why does it matter that you transfer 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.

The assignment of a trademark is an essential part of its monetization. The assignment may be a relatively isolated transaction, or it may occur as part of a much larger disposal of tangible and intangible assets, such as the sale of the assets of a business.

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If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422 or 86-755-82143181 or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen South Rd, Luohu, Shenzhen, China.

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