Illinois Trademark Assignment Agreement: An Illinois Trademark Assignment Agreement is a legal document that establishes the transfer of trademark rights from one entity, known as the Assignor, to another entity, the Assignee, under the jurisdiction of Illinois state law. This agreement is specifically designed to cater to situations where the Assignor is the parent corporation of the Assignee and involves the preparation for issuing stock of the Assignee to the public. In this agreement, the Assignor acts as the parent corporation, which possesses the trademark rights, and the Assignee is the subsidiary corporation or a related entity. The Assignor, being the parent corporation, consents to transfer its trademark rights to the Assignee, allowing the latter to utilize the trademarks for specific goods or services. The Illinois Trademark Assignment Agreement with Assignor as Parent Corporation of Assignee and Preparing to Issue Stock of Assignee to Public encompasses several essential elements: 1. Identification of Parties: The agreement should clearly identify both the Assignor and Assignee, stating their full legal names and addresses. It should also clearly establish their relationship as parent and subsidiary or related entities. 2. Description of Trademarks: The agreement must provide a detailed description of the trademarks being assigned, including their registration numbers, classes, and associated goods or services. This section helps to delineate the scope of the trademark rights being transferred. 3. Transfer of Trademark Rights: The agreement outlines the Assignor's intent to transfer its trademark rights to the Assignee. It should specify that the rights being transferred include all associated goodwill, benefits, and enforcement capabilities. 4. Consideration: The agreement should address the consideration exchanged between the Assignor and Assignee for the transfer of trademark rights. This may include financial compensation, stock options, or other valuable assets. 5. Representations and Warranties: Both parties should make representations and warranties regarding their authority, capacity, and ownership of the trademarks involved in the assignment. This ensures the validity and legitimacy of the transfer. 6. Governing Law: Since it is an Illinois Trademark Assignment Agreement, it is crucial to specify that Illinois state law governs the interpretation and enforcement of the agreement. Different types of Illinois Trademark Assignment Agreement with Assignor as Parent Corporation of Assignee and Preparing to Issue Stock of Assignee to Public may include variations in the consideration, duration, or specific provisions related to the eventual issuance of stock to the public. It is recommended to consult a legal professional familiar with Illinois trademark law to ensure all necessary details are properly incorporated into the agreement.
Illinois Trademark Assignment Agreement with Assignor as Parent Corporation of Assignee and Preparing to Issue Stock of Assignee to Public
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FAQ
A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment.
Use the Electronic Trademark Assignment System (ETAS) to submit your request to transfer ownership or change the owner name for your U.S. application or registration.
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.
Trademark assignments must be in writing. The recording date of a document is the date it is filed with the USPTO. There may be assignments that are in whole or others that are considered to be partial assignments. This can become complicated if more than one person owns the trademark.
Under US trademark law more than one person is able to own a trademark, and interested parties are able to apply together. Trademarks owned by two or more parties are called joint trademarks.
Requests to record assignments are filed on line through the Electronic Trademark Assignment System ("ETAS") using . A trademark applicant can create and submit a trademark assignment recordation coversheet. You must also submit legal documentation to support the assignment.
Transfer of ownership is enacted through an agreement between the assignor and the assignee, which is your responsibility. Once you have this agreement and the supporting evidence, you need to submit this to us so we can record the assignment in the trade marks register.
Type or print in blue or black ink. Mail the assignment with original signatures and filing fee of $30.00 to the Secretary of State, Trademark Unit, P.O. Box 942870, Sacramento, CA 94277-2870. Indicate at the top of the application which type of registration is being assigned.
Steps in Assigning a Trademark Draft an assignment agreement and have it signed by both parties. ... Fill out the Recordation Form Cover Sheet, which can be completed online. ... Submit both the agreement and the cover sheet to the USPTO's Assignment Recordation unit.
This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark. A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.