Trademark Transfer and Trademark Assignment

Transfer Trademark Ownership or Changing Trademark Owner Name

There are certain situations where trademark applicants and trademark registrants may need to transfer ownership or change the name on their trademark application or trademark registration. Common situations include:

  • Selling the trademark to another business
  • Changing the business name or changing the legal entity of the business
  • Getting married and changing the last name or family surname

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    The above situations will typically require a trademark assignment. Note that minor errors (such as small spelling typos) may be corrected directly through the Trademark Office. Those minor corrections do not constitute assignments.

    Trademark Assignment Agreement

    Typically, the parties of the trademark assignment will first draft and execute a Trademark Assignment Agreement. The trademark owner selling the trademark is the assignor, and the company purchasing the trademark is the assignee. Representatives of the assignor and the assignee will sign and execute the Assignment Agreement.

    Trademark Assignment Recordation

    Some Trademark Offices will require that the Assignment Agreement be recorded. Trademark Offices will usually also require that relevant forms documenting the assignment be completed and submitted.

    Updating Trademark Ownership and Correspondence Information

    Changes in the trademark owner’s information must also be updated. Sometimes this information is automatically updated by the Trademark Office. However, some information (such as correspondence information or trademark attorney information) must be filed separately from the Assignment Recordation. For example, at the USPTO, the form you use depends on the status of the trademark application or registration:

  • If your trademark has not been published, then the applicant should use the Voluntary Amendment form.
  • If your trademark has been published but has not been registered, then the applicant should use the Post-Publication Amendment form.
  • If your trademark has been registered, then the registrant should use the Section 7 Request form.

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    To get started on your patent or trademark application, email us at contact@intrademark.com. To consult a USPTO registered patent and trademark attorney, please visit Minderlaw.com.

     

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