Does a trademark assignment need to be in writing?

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.

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Trademark Assignment and License Agreement Regarding Design Mark

San Bernardino California Trademark Assignment and License Agreement Regarding Design Mark

Name: San Bernardino California Trademark Assignment and License Agreement Regarding Design Mark
Brand: US Legal Forms
Rating: 4.61 (234 reviews)

Category:

Copyrights Patents and Trademarks - Assignments

State:

Multi-State

County:

San Bernardino

Control #:

US-1015BG

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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

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.

The original owner should record the assignment or name change with the USPTO's Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.

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.

To record an assignment document or other document affecting title to a trademark application or registration, a legible cover sheet and one of the following must be submitted: (1) A copy of the original document; (2) A copy of an extract from the document evidencing the effect on title; or.

In case of an assignment of a trademark, there is a transfer in the ownership of the trademark registration and in case of licensing, the proprietary rights of the trade mark continue to vest with the original owner but only few restricted rights to use the brand/trademark are given to the third party.

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.

Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required.

Typically, trademark applications and registrations can be assigned in whole or in part. For general information on trademark assignments, see the web page entitled, Trademark Assignments, where important concepts such as the chain of title and recording an assignment are discussed.

A Trademark Assignment Agreement is a written document that legally transfers a legally recognized word, phrase, symbol, and/or design (the Trademark) from the current owner (the Assignor) to the future owner (the Assignee).

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San Bernardino California Trademark Assignment and License Agreement Regarding Design Mark

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