Hawaii Assignment of Trademark to Accompany Assignment for Sale of Business
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How to fill out Assignment Of Trademark To Accompany Assignment For Sale Of Business?
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FAQ
Who can Assign a Trademark? Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.
Every owner of a trademark owner who wishes to transfer his/her right with regard to its trademark can do so either by trademark licensing or trademark assignment which is governed under the Trademark Act, 1999.
A trademark assignment is the transfer of an owner's property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
The Trademark Assignment Should Be in Writing Although an assignment need not be in writing to be effective, it's strongly recommended that it be in the form of a written document signed by both the assignor and the assignee.
A trademark assignment is the transfer of an owner's property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
Instead, a trademark must be assigned through an Assignment of Rights. That Assignment must transfer not only the trademark and the registration, but must also transfer the goodwill behind the trademark to be valid.
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (assignor) that transfers ownership of the trademark to a new owner (assignee).
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required. Once as assignment has been executed, it should be recorded.
