North Carolina Assignment of Trademark

State:
Multi-State
Control #:
US-0575BG
Format:
Word; 
Rich Text
Instant download

Description

This form is an assignment of trademark.

North Carolina Assignment of Trademark is a legal process that allows the transfer of ownership rights of a trademark from one party to another within the state of North Carolina. The assignment refers to the complete and permanent transfer of all rights associated with the trademark, including the exclusive right to use, sell, and license the mark. A North Carolina Assignment of Trademark typically involves a written agreement between the assignor (current owner) and the assignee (new owner). This agreement outlines the terms and conditions of the transfer, including the identification of the trademark, the effective date of the assignment, and any specific limitations or conditions attached to the transfer. There are two main types of North Carolina Assignment of Trademark: 1. Complete Assignment: This type of assignment involves the complete and permanent transfer of all rights associated with the trademark from the assignor to the assignee. The assignor relinquishes all rights, title, and interest in the trademark, while the assignee becomes the new owner and gains exclusive control over the mark. 2. Partial Assignment: In this type of assignment, the assignor transfers only a portion of the trademark rights to the assignee. The assignor may choose to transfer specific rights such as the right to use the mark in a particular geographic region or for a specific product or service category. The assignor retains some level of ownership and control over the trademark. The North Carolina Assignment of Trademark process involves certain key elements. Firstly, the assignor and assignee must execute a written assignment agreement, which clearly states the intent to transfer ownership rights. Both parties must sign the agreement in the presence of witnesses or a notary public. Additionally, the assignment agreement must be properly recorded with the North Carolina Secretary of State's office to ensure its validity and enforceability. It is important to note that the North Carolina Assignment of Trademark must comply with the requirements set forth under the North Carolina General Statutes and the federal Latham Act. This includes ensuring that the assignment agreement accurately identifies the trademark, provides a clear description of the mark's goods or services, and includes any necessary supporting documentation. In conclusion, the North Carolina Assignment of Trademark is a legal process that enables the transfer of ownership rights associated with a trademark within the state. It encompasses complete or partial transfers of the trademark and requires a written agreement executed by both parties. It is essential to follow the relevant state and federal laws when undertaking such an assignment to ensure the transfer is valid and enforceable.

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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.

Steps in Assigning a TrademarkDraft an assignment agreement and have it signed by both parties. Name the person or company buying the trademark as the assignee and the current trademark owner as the assignor. Clearly identify both these parties as well as the trademark in question.

An executed trademark assignment must be properly recorded with the USPTO to establish a clear chain of title from the old owner to the new owner. This will enable the public to search and recognize the new trademark owner.

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.

How to Register a Trademark or Service Markin North CarolinaFind Out If the Trademark or Service Mark is Available:2 Get Three (3) Specimens Showing Use of the Trademark or Service Mark:3 Frequently Asked Questions:Complete a Trademark Registration or Renewal Application:$75 Non-Refundable Filing Fee:

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.

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Changing the trademark on the drawing (only non-material, insignificant changes to match the mark on your specimen or foreign registration) (not applicable to a Section 66(a) application) After publication, use the Post-Publication Amendment form. There is no fee for this form.

If you application is sufficient, it will be published in the USPTO's Official Gazette. The USPTO will wait to see whether anybody objects to your application. If nobody objects within the allowed time and if you are already using the mark, the USPTO will register the mark.

Trademark Application Process:Complete a trademark search.Secure your rights.Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.Submit an "intent-to-use" form.Pay the fees.

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18-Oct-2021 ? The owner of a mark may file an application for renewal within six months before the registration's expiration date. Delaware Trademark Forms ... Available in PDF MS Word SECRETARY OF STATE ASSIGNMENT OF REGISTRATION OF A TRADEMARK OR SERVICE MARK,CERTIFICATION MARK, OR COLLECTIVE MARK Fee: $ ...05-Oct-2019 ? Record the cover form sheet with the signed trademark assignment agreement and the assignment record branch of the PTO. You can file assignments ... By M Barber · 1989 ? The North Carolina Trademark Registration Act is set forth instate may file an application for registration of the mark with the.26 pages by M Barber · 1989 ? The North Carolina Trademark Registration Act is set forth instate may file an application for registration of the mark with the. Experienced Trademark Attorneys. Businesses work hard to establish their own unique identities and reputations, often referred to as their ?goodwill? in an ... 17-Apr-2016 ? Do: Search the Mark. Before submitting an application for registration, you should search the mark which you intend to register to determine ... It doesn't matter if we're talking about a trademark, logo, or service mark. When ownership changes, a Trademark Assignment is required. The US Patent and ... By I Calboli · 2005 · Cited by 111 ? Rogers, Some Suggestions Concerning the Assignment of Trade-Marks, 25 BULL. U.S.. TRADE-MARK ASS'N 231, 232 (1930); Note, Marketable "Goodwill"-The ... This policy shall cover all inventions made by University employees, students and4.1 The Office of Research Compliance and Technology Transfer, ... NC General Statutes - Chapter 80. 1. Chapter 80. Trademarks, Brands, etc. Article 1. Trademark Registration Act. § 80-1. Definitions. (a) The term ...

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North Carolina Assignment of Trademark