The Kentucky Assignment of Trademark is a legal document that allows the transfer of ownership rights for a trademark from one party to another. By going through this process, the assignor (current owner) relinquishes all rights and interests associated with the trademark, passing them on to the assignee (new owner). Keywords: Kentucky, Assignment of Trademark, transfer of ownership, legal document, trademark rights, assignor, assignee. In Kentucky, there are two distinct types of assignments that can be executed for trademarks: 1. Voluntary Assignment: This type of assignment occurs when the current trademark owner willingly transfers their rights to another party. It could be a result of a business merger, acquisition, or simply a conscious decision to transfer the trademark's benefits to someone else. The voluntary assignment requires the assignor to provide a complete and accurate description of the trademark and its accompanying goodwill. Both parties involved in the assignment must sign the document, ensuring a legally binding transfer. 2. Involuntary Assignment: The involuntary assignment of a trademark takes place when the transfer is mandated by a legal decision or court order. This can occur due to a business bankruptcy, foreclosure, or as a consequence of a lawsuit. In such cases, the assignor may not have willingly intended to transfer their rights, but they are compelled to do so under the law. Similar to voluntary assignments, an involuntary assignment requires explicit details about the trademark, its goodwill, and the court order necessitating the transfer. To initiate a Kentucky Assignment of Trademark, it is advisable for both the assignor and assignee to seek legal counsel to ensure compliance with local regulations and protect their interests. Filing the assignment with the Kentucky Secretary of State's office also safeguards against potential disputes and allows for public notice of the ownership change. In conclusion, the Kentucky Assignment of Trademark provides a mechanism for assigning trademark ownership rights. Whether it is a voluntary or involuntary assignment, this legal document ensures a smooth transfer process and safeguards the rights of both parties involved.
Kentucky Assignment of Trademark
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How to fill out Kentucky Assignment Of Trademark?
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FILING FEES: The filing fee for Trademark/Service Mark application is $10.00 per class. When a single application includes goods or services falling in multiple classes, a fee of $10.00 is required for each class. Your check should be made payable to the Secretary of State.
Though the university's federal trademark registration of "Kentucky" grants it the '"presumption of national ownership around the word' as it relates to clothing," Gerben wrote, the university's case is "likely to fail given that the Commonwealth of Kentucky's mark is for "TEAM KENTUCKY" (as opposed to just the word ...
If a geographical mark has acquired secondary meaning, then it is entitled to trademark protection, which was how the University of Kentucky was able to get a registration in 1997 for the KENTUCKY® mark for hats, t-shirts, jackets and other items of clothing.
Descriptive fair use allows use of a trademarked name in a purely descriptive sense. The key is that use must not be in reference to the mark, and must be done in good faith. For example, a commercial can claim that a drink is sweet and tart, without infringing the mark SWEET TART.
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
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.
Trademarking a word allows creators to identify their brands to consumers. When something has trademark protection, competitors cannot use the same words for their offerings. However, you cannot trademark just any word. In general, some words are easier to get a trademark for than others.
A person who uses a trademark or service mark in this state may file an application with the Secretary of State to register that mark. Trademarks and service marks are effective for five years and may be renewed within six months prior to the expiration date.
