Having a registered trademark gives your company or brand a unique identity on the market. More than a trade name, slogan, or logo, your trademark also stands for everything you have put into making your business successful.
It is essential to take care of your trademark, especially if you are restructuring your company. This is where a Trademark Assignment comes in, which you can use to keep your trademark attached to your company.
A Trademark Assignment is a document that facilitates a legal transfer of the ownership of an existing trademark or brand name. This document makes sure the trademark rights are transferred from the current owner, known as the assignor, to the future owner or the assignee.
Depending on your state, a Trademark Assignment may also be known as:
Transfer of Trademark Rights
Trademark Purchase and Assignment Agreement
Assignment and Transfer Agreement
Intellectual Property (IP) Assignment
Assignment of Intellectual Property Rights Agreement
A Trademark Assignment is commonly used in a company restructuring or sale to another entity.
One prime example is a larger company buying out a startup or another company. A trademark transfer is also executed in a merger of two companies, with which all trademarks owned by both companies would reassign to the newly-formed company.
Without a Trademark Assignment, the trademark would lose its owner, which can bring hardship to both the assignor and the assignee, including loss of time, money, and mental distress. It can also be confusing to consumers. If someone else takes hold of the now-free trademark, they can put your business model in jeopardy.
Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Trademark Assignment.
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All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.
Restructuring a company requires a lot of paperwork, which should include the proper assignations of trademarks.
For this, you can turn to 360 Legal Forms and our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.
To create your document, please provide:
Effective Date: The date that the document goes into effect and the trademark officially transfers to the new owner.
Trademark: Provide a detailed description of the trademark. If you’ve already registered your trademark with the US Patent and Trademark Office (USPTO), and don’t forget to include the registration number.
Assignor’s Information: Full personal or company name and address.
Assignee’s Information: Full personal or company name and address.
Consideration: The amount of money the assignee will pay the assignor for obtaining the trademark rights.
Warranties: The assignor’s guarantee that they are the rightful owner of the trademark and possess full authority to transfer the trademark to another party.
Signatures: Both the assignor and assignee’s signatures are required to complete the Assignment of Trademark.
Assignor: The current owner of the trademark with authority to transfer trademark rights.
Assignee: The future owner of the trademark after the assignment.
Trademark: This may be a word, symbol, phrase, or design that’s legally recognizable.
To make the trademark transfer official, both the current and the future owner of the trademark must sign this document. Of course, both the assignor and the assignee can be a private person or a legal entity.
Although it does not need to be notarized, notarizing the signatures on your Trademark Assignment may prevent others from challenging this later. It may add to the validity of the document.
When your Trademark Assignment is ready on 360 Legal Forms, make sure to download and print it for distribution to all parties involved. Each should keep a copy of the transfer agreement in their records in case of future disputes.
If you forget to sign the Trademark Assignment when transferring your company, for example, your trademark rights will be terminated. This implies that your new company won’t be able to assume any rights to the trademark. To retain your trademark, you will need to apply for it again, as if applying for a new trademark. Unfortunately, if you are not quick enough, you could lose your trademark entirely if someone else beat you to it.
By signing this document, the assignor affirms that they will take all the necessary actions to execute the trademark transfer to the assignee. One of the things left to do is to change the trademark registration with the relevant government agency. After that, the trademark will have completely transferred to the new owner.
If you plan to register your trademark in a foreign country, it’s necessary to have a notary public notarize the signatures on the Trademark Assignment. Otherwise, it is not mandatory to notarize it to make the transfer legally accepted within the US. Of course, there is no harm done if you decide to notarize the trademark transfer, which can only make it more bulletproof.
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