New Hampshire Trademark Assignment and License Agreement Regarding Design Mark

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Multi-State
Control #:
US-1015BG
Format:
Word; 
Rich Text
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Description

A "trademark" is a word, design or combination used by an individual or a business to identify its goods or services. In some cases a trademark can also be a sensory mark--a sound, a color or a smell. Trademarks protect names used to identify goods (or services) and their source of origin. The law protects trademarks in part because trademarked items tend to carry with them certain quality assurances. You may use any kind of name or symbol as a trademark to identify your product. A license is a contractual right that gives someone permission to do a certain activity or to use certain property owned by someone else. Licensing agreement is an agreement between two enterprises allowing one to sell the other's property such as products or services and to use their name, sales literature, trademarks, copyrights, etc. in a limited manner. The stylized logo (also known as a design mark) is used to register words and/or letters having a particular stylized appearance, a mark consisting of a design element, or a combination of stylized wording and design. In other words, a design mark can protect a logo with or without words.
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FAQ

You can register your trademark design with the USPTO by using the online Trademark Electronic Application System or an online trademark service. The process for registering a design trademark is the same as for any other type of trademark.

Only intellectual protection tools such as patents, designs or models, trademarks or copyrights can protect the materialization of an idea. The idea cannot be protected as such, but the means leading to this idea can be protected. Furthermore, the protection tools can be combined.

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.

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.

Design patents protect the ornamental appearance of a unique looking design as applied to a product, which can be two-dimensional or three-dimensional. Design patents require registration with the USPTO whereas trademarks do not.

Yes, you can trademark an image with the USPTO if its used in the branding of your product (such as a logo). Otherwise, you probably want a copyright on the image.

Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.

The filing fee for a trademark application is $275$325 depending on the type of trademark you're seeking. These fees can change, so check with the USPTO for the most recent fees. You can expect the registration process to take at least several months.

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.

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New Hampshire Trademark Assignment and License Agreement Regarding Design Mark