Assignment of Trademark and Trade Dress
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How to fill out Assignment Of Trademark And Trade Dress?
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FAQ
Use EPAS to create and submit a Patent Assignment Recordation Coversheet by completing on-line web forms and attaching the supporting legal documentation as black and white TIFF or PDF for submission via the internet. You may email questions about filing electronic patent assignments to EPAS@uspto.gov .
The USPTO fee is $40 for the first mark, and $25 for the second and subsequent marks. So, the total cost for preparing and filing a trademark assignment for a single mark would be $805.
A trademark offers legal protection for a logo, symbol, phrase, word, name, or design used to show the manufacturer of a product. Trade dress protects all elements used to promote a specific service or product. Examples of trade dress include packaging and the atmosphere or decor within a place of business.
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.Failure to record an intellectual property transfer, or failure to make a timely recordation, can impact a startup's rights in a patent or patent application.
Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows it to be registered with the U.S. Patent and Trademark Office (USPTO) as a trademark. Generally, an application to register trade dress must include all the same content as a trademark application.
Trade dress consists of all the various elements that are used to promote a product or service. For a product, trade dress may be the packaging, the attendant displays, and even the configuration of the product itself.The trade dress must be inherently distinctive, unless it has acquired secondary meaning.
Once a trademark is registered, its owner should monitor its use.It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own.
The classic example of trade dress is the distinctive Coca-Cola bottle: . Trade dress is generally divided into two categories: product packaging and product configuration.Design patents are similar to trade dress, as they protect the ornamental appearance of an otherwise functional item.
Trademark assignments should also be filed electronically on the USPTO website. The Electronic Trademark Assignment System (ETAS) allows the parties to create and submit an Assignment Recordation Coversheet online by completing a form and attaching an image of the legal documentation (assignment agreement).