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Oregon Assignment/Cancellation - ?Trademark/Service Mark

Category:
Secretary of State - Business Registry
State:
Oregon
Control #:
OR-SKU-0964
Format:
PDF
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Description

Assignment/Cancellation - ?Trademark/Service Mark
Oregon Assignment/Cancellation — Trademark/Service Mark is a process used to transfer or cancel a trademark or service mark registered with the Oregon Secretary of State's office. This process involves the filing of an Assignment/Cancellation Form with the Oregon Secretary of State's office. The Oregon Secretary of State's office will review the form and, if approved, will issue an Oregon Assignment/Cancellation Certificate. There are two types of Oregon Assignment/Cancellation — Trademark/Service Mark: an Assignment and a Cancellation. An Assignment is used when a trademark or service mark is being transferred from one party to another. A Cancellation is used when a trademark or service mark is being cancelled and removed from the Oregon Secretary of State's records.

Oregon Assignment/Cancellation — Trademark/Service Mark is a process used to transfer or cancel a trademark or service mark registered with the Oregon Secretary of State's office. This process involves the filing of an Assignment/Cancellation Form with the Oregon Secretary of State's office. The Oregon Secretary of State's office will review the form and, if approved, will issue an Oregon Assignment/Cancellation Certificate. There are two types of Oregon Assignment/Cancellation — Trademark/Service Mark: an Assignment and a Cancellation. An Assignment is used when a trademark or service mark is being transferred from one party to another. A Cancellation is used when a trademark or service mark is being cancelled and removed from the Oregon Secretary of State's records.

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FAQ

In Oregon, the cost of filing a trademark application with the Secretary of State's Office is $50. The submission takes anywhere from five to seven business days. You are not required to have an attorney, and your trademark is effective once filed. The trademark must be renewed every five years for a $50 renewal fee.

For Intent-to-Use applicants, if you're transferring ownership to a business successor for the goods or services for which your mark relates, you can file your assignment at any time. In all other cases, you must wait until after you file an Amendment to Allege Use before you file your assignment.

A person can't trademark a phrase just because they like it?the phrase must be tied to a business. Trademarked phrases are only protected against the use of others in the same business class. The phrase must identify the commercial organization as the source of goods or services for the trademark.

There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.

The cost to trademark a phrase is between from $250 to $350 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest way to submit an application to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

It is your choice whether to protect your brand under trademark law. Many business owners choose to protect their brand names for their main or dominant goods or services. You might also choose to protect a slogan or logo for those goods or services, if you have one.

A trademark assignment is a transaction where some or all of the property rights are transferred to another person or entity. It usually involves big money and needs to be notarized to be valid.

How to Trademark a Slogan Go to the United States Patent and Trademark Office (USPTO) website. Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category. Submit your trademark application. Pay the filing fee.

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More info

This transfer of ownership is called an assignment. There are fees associated with assignment changes.A petition for cancellation of a trademark registration may be filed at any time. A trademark owner may not use an assignment to impose geographic restrictions on a registration. Check the appropriate box below: TRADE AND SERVICE MARK ASSIGNMENT. (Complete only 1, 2, 3, 4, 5, 6, 7, 8, 9, 12). An applicant would be required to submit a written request that the recordation be cancelled and that there be a refund for the filing fee. This rule that limits the grounds for challenging marks over five years old, only applies to marks registered on the Principal Register. Forms (may not be handwritten). To cancel a trademark, the petitioner must prove that the mark will cause harm if it is not canceled.

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