Texas Trademark Assignment is a legal process that involves the transfer of ownership of a registered trademark from one party to another in the state of Texas. This assignment enables the assignee to become the new owner of the trademark and subsequently gain exclusive rights to use and protect the mark within the state. In Texas, there are two primary types of trademark assignment: the assignment with goodwill and the assignment without goodwill. 1. Assignment with Goodwill: This type of trademark assignment involves the transfer of both the trademark and the associated business or product line. When a trademark is assigned with goodwill, the assignee not only acquires the rights to the mark but also gains the established reputation, customer base, and market presence associated with it. This typically occurs when a business is sold or merged with another entity. 2. Assignment without Goodwill: This type of trademark assignment involves the transfer of the trademark alone, without any associated business or product line. In such cases, the assignee solely acquires the rights to the mark and its use, but without any claim to the reputation or customer base built around the mark. Assignment without goodwill commonly occurs in situations where a specific trademark is sold independently, or when individual assets are transferred separately. It is important to note that Texas Trademark Assignment must comply with the requirements of the Texas Business and Commerce Code, as well as the regulations set forth by the United States Patent and Trademark Office (USPTO). Assignments should be properly documented in writing and recorded with the USPTO to ensure the legal validity and enforceability of the transfer. When conducting a Texas Trademark Assignment, it is essential to consult with a qualified intellectual property attorney who specializes in trademark law. They can provide guidance on the assignment process, help avoid any potential legal pitfalls, and ensure that all necessary documents are properly prepared and filed.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.