USPTO Trademark Assignment: Everything You Need To Know

USPTO trademark assignment is the process of assigning a trademark you have registered with the U.S. Patent and Trademark Office to a third party. 3 min read updated on February 01, 2023

Updated November 25, 2020:

USPTO trademark assignment is the process of assigning a trademark you have registered with the U.S. Patent and Trademark Office to a third party. A trademark is a symbol, word, device, phrase, or combined elements that represent your business or brand. When this mark is associated with the quality of your services, it is a valuable form of intellectual property (IP). Because this is considered an asset, it can be assigned. Assignment means to transfer the ownership rights of your trademark to a third party in exchange for profit or benefit. Registered and pending trademarks, as well as patents and patent applications, can be assigned. You must file an assignment agreement with the USPTO. Business reorganization, acquisition, and other circumstances may result in a trademark assignment.

Steps in Assigning a Trademark

  • Draft an assignment agreement and have it signed by both parties. Name the person or company buying the trademark as the assignee and the current trademark owner as the assignor. Clearly identify both these parties as well as the trademark in question. Establish terms such as the cost of the trademark, how disputes about the assignment will be settled, and who will pay the transfer fee.
  • Fill out the Recordation Form Cover Sheet, which can be completed online. You'll need to include the name and address of a registered agent to receive official USPTO information.
  • Submit both the agreement and the cover sheet to the USPTO's Assignment Recordation unit. This can be done online, by fax, or through standard mail. The latter two options require you to establish a deposit account to pay the USPTO recording fee. Mailed forms can be submitted with a money order or check payable to the USPTO director.
  • If your trademark is state-registered, you must also record the transfer with the applicable state.
  • The USPTO Patent and Trademark Database will be automatically updated for assignments as well as name changes and mergers. When filling out your form, check one of those boxes for the nature of conveyance to ensure that records are updated. Do not select other, which will not update the record. The records will also not be updated if you file multiple documents with the same execution date, the application is in a blackout period, or you have exceeded the allowed number of ownership changes. In these cases, you must make a written request to have the database updated.
  • Choose the correct conveyance type, either assignment of part of the interest or assignment of the entire interest along with the associated goodwill.

Points To Remember

All trademark transfers must also include the mark's associated goodwill . This includes the earning power created by customer recognition of the mark. Trademark assignment may be found invalid if the goodwill does not accompany the transfer of the mark.

Failing to follow the ownership transfer procedures can result in liability if the assignee infringes on a third-party trademark. If you buy a trademark and the original owner does not transfer ownership, a dispute could result.

Check the database to determine whether the updates have been made. Click ownership to display the current owner or assignment to display the entire chain of title.

Do not use assignment if you simply need to change your name as the trademark owner. Instead, record the name change through the USPTO Assignment Recordation Branch .

Patent and Trademark Ownership

When it comes to a patent, owning the patent gives you the exclusive right to sell, manufacture, and use the invention in question. Patents last for 20 years while trademark registration lasts for 10 years and can be renewed. The term ownership references the current holder of a trademark or patent. If you own a registered trademark, no one else can use that mark on their products or services, and imports carrying an infringing mark may be blocked from entry by U.S. Customs and Border Protection.

Assignment Fees

While trademark assignment once carried a $25 fee and a $40 fee was required for trademarks, the USPTO recently discontinued this fee for patents and not for trademarks. That's because trademarks are rarely assigned while the assignment is quite common in the fast-paced world of patents.

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Home > Trademark Blog > Trademark Assignment > What is a Trademark Assignment? How Do I Assign Trademark Rights?

What is a Trademark Assignment? How Do I Assign Trademark Rights?

trademark assignment

A trademark assignment (which is different than a trademark license ) is simply the transfer of ownership of a trademark from one person or entity to another.  In order for an assignment to be valid and enforceable, it must include the underlying goodwill associated with the trademark, or in other words, the recognition the trademark has with the public.  Otherwise, the transfer of ownership will be considered an assignment in gross and the trademark may be deemed abandoned by the parties and all rights could be lost forever.

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.  In the event the parties fail to memorialize the trademark assignment in writing at the time of an oral assignment, they can later prepare what’s called a nunc pro tunc assignment.  This type of assignment is similar to an ordinary assignment of trademark rights, but instead of it being effective on the date it’s executed (which could be years after the trademark was orally assigned), it’s considered effective from the date the oral assignment was made.

Recording a Trademark Assignment

If the trademark being transferred is the subject of an existing US trademark registration or pending trademark application, the assignment should be recorded with the Assignment Services Division of the United States Patent and Trademark Office (USPTO).  This should be done electronically using the Electronic Trademark Assignment System ( ETAS ).  You must complete the online form, upload the assignment, and pay the government filing fees (which are quite minimal).  It’s important to promptly record the assignment so that the USPTO records remain accurate and so that the public is put on notice as to the rightful owner of the trademark.  In addition, a trademark registration renewal cannot be filed in the name of the new owner unless the assignment has been recorded with the USPTO.

Be Very Careful…

Although a pending trademark application may be assigned prior to maturing into a trademark registration, you may not assign a trademark application filed under Section 1(b) ( intent to use ) until the trademark itself is in use in commerce , meaning that there’s an existing and ongoing business related to the mark.  If an intent-to-use application is prematurely assigned, any resulting trademark registration will be considered void and subject to a trademark opposition or trademark cancellation .

Need Help Preparing or Recording a Trademark Assignment?

In conclusion, there are many pitfalls that must be avoided when making an assignment of trademark rights in order to ensure that the transfer of ownership is valid, legal, and binding.

I’m experienced US trademark attorney Morris Turek.  If you have any questions about trademark assignments, the assignment of trademark rights, or maybe need some assistance from a skilled trademark attorney with preparing and recording a trademark assignment, please contact me for your free consultation at (314) 749-4059 , via email at [email protected] , or through my contact form located below.  I look forward to hearing from you soon.

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Trademark Assignment

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A Trademark Assignment is a document used when one person owns a registered trademark (like a brand name or logo ) and wishes to transfer the ownership of that trademark to another person. Written Trademark Assignments are important, as it's best for both parties to have a memorialized record of the assignment.

Trademark Assignments allow the easy transfer of the mark. They contain all the information needed to record the assignment with the United States Patent Office (USPTO) . Recordation with the USPTO is necessary for all registered trademarks that are being transferred, and it is a good way to ensure everything flows smoothly with the assignment.

This is different than a Licensing Agreement , as here, the entirety of the mark is being transferred to a new party. In a Licensing Agreement, the mark still belongs to the original owner, but the other party pays royalties for permission to use it.

This is also slightly different than an Intellectual Property Release . Although that form could be used for a trademark, generally it is used for copyrighted material, like works of art or pieces of music. In that case, payment is not made and instead, the copyrighted works are simply "released," or given, to another party.

This document can also be distinguished from an Intellectual Property Permission Letter , as there, one party is writing to request permission to use the intellectual property of another. A Licensing Agreement or Intellectual Property Release or even Trademark Assignment could come after the Intellectual Property Permission Letter, but that is not a formal legal document, and is instead, a template for a letter to be used to have the initial conversation about intellectual property use.

How to use this document

This document can be used to transfer the ownership of an existing trademark or when an individual would like an existing trademark transferred to them, as long as the owner agrees. It should be used when both parties understand that the trademark will be completely assigned (in other words, this is not a license, as noted above, and no royalties will be due after the assignment) and wish to create a record of their agreement.

This document will allow the parties to fill in details of the mark to be transferred, as well as ensure that everything needed for recordation with the USPTO is present. Either party - either the person assigning the trademark or the person receiving the trademark - can fill out this form.

Once the form is complete, the parties can undertake the following steps:

1) Sign and execute the form in front of a notary (both parties)

2) Have the notarization completed

3) Record the Trademark Assignment with the United States Patent and Trademark Office

Applicable law

Trademark Assignments are related to the trademark law of the United States, which is covered by a federal statute called the Lanham Act. The section of the Lanham Act specifically referring to assignments is 15 U.S.C. § 1060(a).

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A guide to help you: How to Register A Trademark

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Agreement to Assign Brand, Assignment for Trademark, Brand Assignment, Intellectual Property Assignment Agreement, Logo Assignment

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assignment of a trademark application

TMEP 501.01(a): Assignability of Intent-to-Use Applications

October 2017 Edition of the TMEP

TMEP Chapter Index Chapter 500: Change of Ownership 501 : Assignment of Marks 501.01 : Assignability of Marks in Applications and Registrations

Previous: §501.01 | Next: §501.01(b)

501.01(a)    Assignability of Intent-to-Use Applications

In an application under §1(b) of the Trademark Act, 15 U.S.C. §1051(b) , the applicant cannot assign the application before the applicant files an allegation of use (i.e., either an amendment to allege use under 15 U.S.C. §1051(c)    or a statement of use under 15 U.S.C. §1051(d) ), except to a successor to the applicant’s business, or portion of the business to which the mark pertains, if that business is ongoing and existing.  Section 10 of the Trademark Act, 15 U.S.C. §1060 ; 37 C.F.R. §3.16 .

The primary purpose of this provision is to ensure that a mark may only be assigned along with some business or goodwill, and to prevent "trafficking" in marks.

As a general rule, the United States Patent and Trademark Office ("USPTO") does not investigate or evaluate the validity of assignments.  Therefore, the examining attorney must issue an inquiry concerning the compliance of an assignment with the cited provisions of §10 only if:

  • (1) The application itself includes a statement indicating that the assignee is not a successor to the original applicant’s business, or portion of the business to which the mark pertains, if that business is ongoing and existing; or
  • (a) The assignment is executed before the filing of an allegation of use;
  • (b) The applicant submits the assignment document for inclusion in the application record in the Trademark database, and not just to the Assignment Recordation Branch; and
  • (c) The assignment document fails to include the relevant language from §10 to the effect that the assignment includes the entire business of the applicant/assignor or the portion of the business to which the mark pertains.

The examining attorney should not require the submission of assignment documents to determine compliance.

If the examining attorney issues an inquiry, the applicant’s statement that the assignment was in compliance with the cited provision of §10 is sufficient to resolve the issue.  This statement may be entered through an examiner’s amendment.

The assignment of an intent-to-use application to someone who is not the successor to the applicant’s business before filing an allegation of use renders the application void, and any resulting registration must be cancelled. Cent. Garden & Pet Co. v. Doskocil Mfg. Co., 108 USPQ2d 1134, 1146 (TTAB 2013); Clorox Co. v. Chem. Bank, 40 USPQ2d 1098, 1105-06 (TTAB 1996); cf. Amazon Techs., Inc. v. Wax, 95 USPQ2d 1865, 1872 (TTAB 2010) (finding "the assignment from one joint applicant to another, where the assignee joint applicant was and remains an owner of the application is more in the nature of 'relinquishment' of ownership rights by one joint owner than a true 'assignment' to a different legal entity, and, thus, it is not prohibited under §10 of the Trademark Act").

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Trademark Assignment: How to Transfer Trademark Ownership

Trademark assignment agreement

Trademarks are valuable representations of the goodwill of your business that connects a specific product to your brand for your consumers. As your startup or business matures (or if you acquire a company) you will likely need a trademark assignment agreement. This is a type of agreement for transferring ownership that provides a variety of business benefits necessary for protecting purchased or transferred trademark rights.

Table of Contents

What Is Trademark Assignment?

A trademark assignment is the formal process for transferring the ownership of a trademark and the associated rights that ownership provides (e.g., use, licensure, further assignment, etc.). Often, a trademark assignment is part of a larger transaction such as an asset purchase agreement or a corporate reorganization.

When Is the Assignment of Trademark Procedure Necessary?

You will need an assignment of trademark any time you are transferring trademarks permanently. Such transfers can be within a larger corporate structure (e.g., from a parent company to a subsidiary), to a family member (e.g., via an estate administration), or to an outside party via sale.

For situations that don’t involve the owner of the trademark transferring to a new owner, you may consider a trademark licensing agreement. Unlike a trademark assignment, a license does not transfer ownership, and instead, gives the rights commonly associated with ownership. For example, you typically see trademark licensing in the context of franchise agreements, merchandising, endorsement deals, etc.

Here’s How to Transfer Trademark Ownership

The process for transferring a trademark via assignment may vary depending on the context of your situation. Relevant to determining the process will be the nature of the transaction along with the relationship between the assignee and assignor. Your checklist will also vary depending on if you are the buyer or seller of the trademark. That said, you will generally consider the following steps for a complete assignment:

  • Due diligence
  • Determine authority to transfer the trademark
  • Execute trademark assignment agreement (What should be included in a trademark assignment form)
  • Complete ancillary agreements necessary to give effect to trademark transfer
  • Notify the U.S. Patent and Trademark Office (USPTO) of change of ownership

1. Due Diligence

Not all trademarks are created equally because of their rights that exist in common law and through statutory law at the state and federal levels. As a result, it’s important to research the trademark status before taking possession. Primarily, you will want to search for its registration number with applicable state and federal agencies (i.e., the USPTO). Having a registered mark improves your ability to enforce against trademark infringement and protect its value after acquisition as part of the goodwill of the business.

2. Determine Authority to Transfer the Trademark

Another integral part of transferring a trademark through an assignment is verifying that the assignor has the authority to transfer the title to the assignee. Your Florida trademark lawyer will be able to help you verify that authority, but you will generally check in two ways. The first will be confirming ownership reflected on trademark registration documents recorded with the USPTO. However, you will also want to confirm that ownership and authority via the business entity organizational documents.

3. Execute Trademark Assignment Agreement

After completing proper due diligence, you will need to execute a trademark assignment agreement. The purpose of the agreement is to provide evidence of the transfer and to allocate rights and obligations among the assignor and assignee.

What Should Be Included in a Trademark Assignment Form?

The contents of your trademark assignment agreement will also depend on the nature of the transaction and the relationship between the original owner and the new owner of the mark. Typically, you will see the following elements with a trademark assignment form contract:

  • Names of the parties and the agreement’s effective date
  • Recitals explaining the circumstance for the trademark transfer (e.g., gift, reorganization, purchase asset agreement, etc.)
  • Consideration for the intellectual property transfer (e.g., value exchanged such as cash, real estate, or other personal property
  • Representations and warranties surrounding past use, current owner, etc.
  • Indemnity surrounding past or future claims related to the use of the trademark
  • Conflict resolution provisions (e.g., mediation, arbitration, governing law, choice of venue, etc.)

4. Complete Ancillary Agreements

As mentioned above, transferring ownership of the trademark is likely part of a larger transaction such as the sale of a company. This fact usually means you will need to complete other contracts and documents for the assignment to be enforceable. To name a few, such documents might include:

  • Asset purchase agreement
  • USPTO forms
  • Assumption of liability agreement
  • Intellectual property licensing agreements
  • Corporate consent resolutions

5. Notify the USPTO of Change of Ownership

Part of a complete assignment of a trademark will require finishing the USPTO application process for a name change on the trademark registration. It’s important to notify the USPTO of the change in ownership and to update contact information for future correspondence related to your trademark. Additionally, maintaining accurate information with the USPTO for your registered trademark is necessary for protecting your trademark rights against infringement, dilution, and other legal issues.

What Are the Implications if a Trademark Transfer Is Not Done Properly?

Failing to properly transfer a trademark from one party to another can lead to exposure and create unnecessary risk. Most of the consequences stem from the fact that improper trademark transfers create confusion about who actually owns the mark. If uncertainty exists about proper ownership, it can make it more difficult to enforce your trademark rights and protect against future trademark infringement or track trademark infringement statute of limitations .

When it appears multiple parties have rights to a trademark, it can also create a risk of trademark dilution (i.e., its use becomes more in the public domain, weakening its proprietary value). As a final point, trademark transfers are usually part of a broader transaction, and failing to properly execute the assignment may jeopardize the success of the whole transaction or, at the least, substantially add to the closing costs.

As detailed above, a trademark assignment form should provide all of the information surrounding the transfer (e.g., party names, effective date, value transferred, warranties, etc.). Additionally, the assignment should provide for more general contract terms related to termination rights, conflict resolution methods, indemnities, and necessary cross-references with any simultaneously entered into agreements.

Need Help with a Trademark Assignment Agreement?

If you are in the process of buying, selling, or otherwise transferring a trademark, then a trademark assignment agreement will be a key document for establishing and protecting those trademark rights. The trademark attorneys at our firm help clients draft and negotiate these agreements along with related legal advice and services such as representations in front of the USPTO.

Contact Cueto Law Group today to properly transfer ownership of a trademark.

Trademark Assignment Template Sample

Below are a PDF and Word version of a trademark consent agreement template that you can review as a trademark assignment agreement sample. As a reminder, these are just sample forms and further modification is likely necessary to meet any particular assignment needs.

Key Takeaways on How to Transfer a Trademark

When transferring a trademark, two fundamentals will be essential for increasing the chances of a smooth transition. The first is having sound documentation and contracts (i.e., an assignment agreement) in place between the assignor and assignee. The second is confirming that all applications and registrations with the USPTO accurately reflect that new proprietorship.

Can You Use an Asset Purchase Agreement in Place of a Trademark Transfer Agreement?

Depending on the complexity of the sale, you may be able to incorporate a trademark assignment into an asset purchase agreement (APA) rather than using a separate trademark transfer agreement. Generally, APAs are much more complex documents, and an assignment agreement is a better vehicle for transferring titles.

How Do I Submit a Trademark Assignment to USPTO?

The USPTO has an Electronic Trademark Assignment System (ETAS) where you can submit and record the transfer of the trademark or simply update name change in ownership (e.g., if you recently married or divorced). Alternatively, you can submit the information via mail using a Recordation Form Cover Sheet.

Do Patent Assignments Need to Be Recorded?

Yes, recording a patent assignment with the USPTO is recommended and sometimes necessary for many of the same reasons why recording a trademark assignment is worthwhile. You can record a patent assignment through a similar USPTO system as you would for a trademark, known as the Electronic Patent Assignment System.

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Can I Assign a Trademark Application?

Trademark assignment is the process by which one party transfers its trademark rights to another party.  The assignment is a contract, which can cover a few different items.  It may be an assignment of common law trademark rights .  There may also be a federal trademark registration involved, as well.  You can even assign a trademark application.  This post is specifically focused on transferring federal trademark applications, and avoiding the biggest pitfall in doing so.

When Can You Assign a Trademark Application?

In most situations, it is possible to transfer a pending trademark application along with any common law rights.  If you read my previous assignment post , you may remember that any assignment must cover the goodwill associated with the mark.  It is also a very good idea for the assignment to be written, like other contracts.

The main point of this blog post is really more about situations where you  cannot assign a trademark application.  An application cannot be assigned if it was filed on an intent to use basis , and neither a Statement of Use or Amendment to Allege Use have been filed.  If such an assignment is made, even if a registration is obtained it will be subject to cancellation .  There is a very good reason why such assignments are prohibited.

Intent to Use Assignments

The filing of intent to use applications has had a big impact on trademark law in the United States.  These filings have not always been allowed under the law.  However, the Lanham Act was amended in the late 1980s to allow filings for trademark applications based on a bona fide intent to use a trademark in commerce.  These applications mean that someone can acquire rights to a name on a date  before they have even started using  a trademark.

The prohibition on assigning intent to use applications is meant to prevent trademark prospecting .  By that, I mean it keeps people from filing applications just to sell them to others.  That would create a system where you have to pay someone else in order to acquire trademark rights.  It would be exactly like the system in place for website domain names.  People buy up web addresses they think someone may want someday.  Then sell them for much more than they initially paid.  This is why the Trademark Office requires proof of use of a trademark before a transfer can take place.

Want a Professional to Help Assign Your Trademark?

Whether you are on the buying or selling end of a trademark assignment, you want to make sure that things are done correctly.  I would be happy to let you know if an assignment can take place, to draft the assignment, and record it with the Trademark Office.  If you would like assistance from a trademark attorney, please call me at (480) 360-3499, email me at [email protected] , or complete the contact form found on this page to schedule your free initial consultation  today.  I look forward to speaking with you.

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Assignment of Intent-to-use Trademark Applications

The Trademark Act Section 10(a)(1) clearly states that an intent-to-use application cannot be assigned “except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing.”

In the recent Trademark Trial and Appeal Board case, Cent. Garden & Pet Co. v. Doskocil Mfg. Co , No. 91188816 (TTAB August 16, 2013), All-Glass Aquarium Co., a wholly-owned subsidiary of Pennington Seed, filed a trademark application which eventually matured into a cancelled registration. Pennington Seed was a wholly-owned subsidiary of Central Garden & Pet Company. While the All-Glass application was pending and before proof of use was filed, All-Glass assigned the application to Central Garden. The assignment was not part of any larger transaction between the companies, Central was not a successor to All-Glass or any part of it, and All-Glass continued to conduct business in the same manner as it had before the transfer under the assigned mark. The only thing that was exchanged in the transaction between these two companies was the mark and the goodwill associated with the mark. Neither all nor a portion of the Applicant All-Glass was transferred to Central.

In defending against the counterclaim to cancel the registration for an invalid assignment, Central argued that because All-Glass and Central were “closely related companies” and because the assignment did not cause any “confusion or discontinuity” in the use of the mark, that there was no violation of the statute. The Board disagreed completely. It stated that because Central wholly owned Pennington Seed, and Pennington Seed owned all of the stock in All-Glass, the application belonged to Central all along. However, the Board made clear that since Central chose to structure its business using multiple and separate subsidiaries, each of which counts as a “person” under Section 45 of the Trademark Act, it must live with the fallout from that decision.

Moreover, the Board held that regardless of the fact that Central was not trafficking an intent-to-use applications and did not engage in any other type of bad faith conduct, both entities involved in the assignment are subject to the restrictions of the statute.

The Board’s decision demonstrates that related companies are not free to assign intent-to-use applications between them unless they meet the strict language of the statute for doing so. Common ownership or control alone is not sufficient to meet the standards for a valid assignment. It is crucial that trademark applicants pay special attention when filing an intent-to-use application to ensure that the named applicant remains the applicant until such time as proof of use can be filed. Also, applicants must make sure that the title to their issued registrations are valid before asserting it against a third party and risking cancellation.

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Assignment of Trademark

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Lasya Pamidi

Assignment of trademark is when there is a transfer of the owner’s right, title and interest of the trademark. Such transfers can take place in the form of an assignment or merger or also an amalgamation between two entities.

Trademark Assignment is the process of transferring ownership of the trademark either with or without the goodwill of the business. One can assign a trademark through a trademark assignment agreement. The original owner of the trademark is “the assignor” and the future owner is “the Assignee.”

Benefits of Trademark Assignment

  • Trademark’s value – Creating a brand name for a company involves money, time and capital. An assignor is able to encash the brand value. The Assignee is also able to unlock benefits of the brand name in the Industry.
  • Exercise Legal Rights – The trademark assignment agreement secures the legal right of the assignee incase of a dispute. The Registry ensures the validity of all the clauses mentioned in the agreement before publishing the assignment in the Trade Marks Journal.
  • Existing brand name – The assignee has the advantage of dealing in an already existing and established a brand name.
  • Business Expansion – The Brand value will propel with the combined efforts of assignor and assignee to contribute in brand building.

Types of Trademark Assignment or Transfer

  • The owner transfers all its rights with respect to a mark to another entity, including the transfer of the rights such as right to further transfer, to earn royalties, etc.
  • The owner transfers trademark restricted to specific products or services only.
  • Such assignment is when the rights and value of a trademark as associated with the product is also transferred to another entity.
  • Such assignment also referred to as gross assignment, is where the owner of the brand restricts the right of the buyer and does not allow him to use the brand for the products being used by the original owner. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand, is not transferred to the buyer.

Documents Required

  • TM Certificate : Certificate of Trademark Registration (if any)
  • Details of the Party: Name and description of the assignor and assignee
  • NOC : No Objection Certificate from the original owner of the registered trademark

Process for Assignment of Trademark

  • The assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor by an application of a trademark assignment. The application is made under Form TM-P.
  • Assignee must apply with the registrar of a trademark within six months from the date of procurement of the proprietorship. Some applications can filed after six months of procurement but the fee payable will vary. You can also find the amounts payable for the corresponding forms  here .
  • The Registrar will specify the advertisement of the trademark assignment. After which the applicant has to make the advertisement accordingly. A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office to make sure that the directions have been followed.
  • On the receipt of the trademark assignment application and documents required, the registrar after perceiving satisfied shall register the assignee as the proprietor of the trademark. The registrar records the specifications of the assignment in the register.

Yes, you can assign an unregistered trademark by filing an application.

The Trademark Registry in India normally takes up to 6 to 8 months to update the data of the transfer.

A registry has prescribed Rs 9,000/- as a fee payable for application of transfer Trademark ownership i.e. Trademark Assignment in India.

Got Questions? Ask Away!

Hey @Dia_malhotra , Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.

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United States Patent and Trademark Office - An Agency of the Department of Commerce

Trademark Basics Boot Camp, Module 5: Application filing walk-through

Are you a small business owner or entrepreneur interested in learning about trademarks and how to apply for a federal registration? If so, this event is a must-attend. In this fifth module of our eight-part virtual Trademark Basics Boot Camp, we’ll focus on the USPTO’s Trademark Electronic Application System (TEAS), including a live demonstration of a trademark filing. TEAS is the required system for making any trademark submission to the USPTO. The event is free, but space is limited, so  register early.

This module will cover the following topics:

  • Trademark basics
  • TEAS basics
  • TEAS pre-filing checklist
  • TEAS Plus demonstration
  • Finding help

This module will be presented live via Webex from 2-3:30 p.m. ET on Tuesday, August 6, 2024, and will conclude with a question-and-answer session. Please register by August 5.

Register today

Be sure to check out our  other boot camp modules  running consecutively every week for the eight-week duration. You can attend the whole series or just the specific modules that best meet your needs. Separate registration is required for each module. After each event, we'll email registrants links to a video recording of the module and a PDF of the presentation materials. You will only receive access to the recording if you are signed up for that module.

For questions about the event or the boot camp series, please contact [email protected].

Accessibility accommodation

If you are an individual with a disability and would like to request a reasonable accommodation, please submit your request to the contact information listed above.

Additional information about this page

IMAGES

  1. Free Trademark Assignment Template & FAQs

    assignment of a trademark application

  2. FREE 14+ Trademark Assignment Forms in PDF

    assignment of a trademark application

  3. Assignment of Trademark Application

    assignment of a trademark application

  4. FREE 14+ Trademark Assignment Forms in PDF

    assignment of a trademark application

  5. Trademark Assignment Agreement Template

    assignment of a trademark application

  6. FREE 10+ Trademark Assignment Forms in PDF

    assignment of a trademark application

VIDEO

  1. Process of Trademark ™️ Transfer| Trademark Assignment |Trademark Transmission| 8076906274 Law Firm

  2. Trademark Application Checklist

  3. Trademarks by Fred Otswong'o

  4. Filling Out Trademark Application Form Correctly To Avoid Common Mistakes in TM-1 and IPO Objections

  5. Top 3 Trademark Application Mistakes

  6. 25 Trademark Application Tips

COMMENTS

  1. Trademark assignments: Transferring ownership or changing your name

    Checking the USPTO trademark database for assignment /name change. After you receive a Notice of Recordation, wait one week before checking to see if the owner information has been updated in your application or registration in the trademark database. Follow these instructions: Go to TSDR. Enter the application serial number or registration number.

  2. USPTO Trademark Assignment: Everything You Need To Know

    Assignment means to transfer the ownership rights of your trademark to a third party in exchange for profit or benefit. Registered and pending trademarks, as well as patents and patent applications, can be assigned. You must file an assignment agreement with the USPTO. Business reorganization, acquisition, and other circumstances may result in ...

  3. Trademark Center

    Record assignment; Search assignment; Order certified trademark documents; ... Search the trademark database. ... Start a new initial trademark application. business_center. View trademarks docket . View and manage all your applications and registrations in one place. Helpful trademark webpages and resources. description.

  4. Trademark assignment—How-to guide

    An assignment is different than a license, which is a grant of permission to use a trademark in some restricted way (e.g., a limited time, specific purpose, particular area, etc.). A transfer of partial rights is not a trademark assignment: do not revise the agreement to limit the reach of the rights being provided.

  5. Trademark Assignment

    I'm experienced US trademark attorney Morris Turek. If you have any questions about trademark assignments, the assignment of trademark rights, or maybe need some assistance from a skilled trademark attorney with preparing and recording a trademark assignment, please contact me for your free consultation at (314) 749-4059, via email at morris ...

  6. Trademark Assignment

    3) Record the Trademark Assignment with the United States Patent and Trademark Office. Applicable law. Trademark Assignments are related to the trademark law of the United States, which is covered by a federal statute called the Lanham Act. The section of the Lanham Act specifically referring to assignments is 15 U.S.C. § 1060(a).

  7. TMEP 501.01 (a): Assignability of Intent-to-Use Applications

    501.01(a) Assignability of Intent-to-Use Applications In an application under §1(b) of the Trademark Act, 15 U.S.C. §1051(b), the applicant cannot assign the application before the applicant files an allegation of use (i.e., either an amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d)), except to a successor to the applicant's business, or ...

  8. Trademark Assignment: How to Transfer Trademark Ownership

    Determine authority to transfer the trademark. Execute trademark assignment agreement (What should be included in a trademark assignment form) Complete ancillary agreements necessary to give effect to trademark transfer. Notify the U.S. Patent and Trademark Office (USPTO) of change of ownership. 1.

  9. Can I Assign a Trademark Application?

    Trademark assignment is the process by which one party transfers its trademark rights to another party. The assignment is a contract, which can cover a few different items. It may be an assignment of common law trademark rights . There may also be a federal trademark registration involved, as well. You can even assign a trademark application.

  10. PDF Assignment Center Training Guide Trademarks

    Click the "Create new" button to open the "Assignment applications options" page. 13 10. ... Trademark assignment application quick tips 15 The assignment form begins with the Assignment application options page. • Required input boxes are indicated with a red asterisk ( *). • Click the buttonat bottom of each page to save all ...

  11. United States Patent and Trademark Office

    Enter name or number. The database contains all recorded Trademark Assignment information from 1955 to the present. Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records Administration. When relevant information is given to the USPTO to be recorded in the USPTO's assignment database, the USPTO simply ...

  12. Assignment of Intent-to-use Trademark Applications

    The Trademark Act Section 10 (a) (1) clearly states that an intent-to-use application cannot be assigned "except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing.". In the recent Trademark Trial and Appeal Board case, Cent.

  13. Changing application information after approval for publication

    If you've changed your name or transferred your trademark to a new owner, use Assignment Center to record the assignment. See our trademark assignments page for instructions and limitations. If you filed based on section 66(a) (Madrid protocol), file your ownership transfer documents through the International Bureau instead.

  14. Assignment of Trademark

    The assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor by an application of a trademark assignment. The application is made under Form TM-P. Assignee must apply with the registrar of a trademark within six months from the date of procurement of the proprietorship. Some applications can filed ...

  15. PDF TRADEMARK ASSIGNMENT & GUIDELINES

    trademark assignment can help in both circumstances. 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 ...

  16. CNIPA highlights critical aspects of trademark assignment in ...

    In China, trademark assignment is regulated by a filing system, which means that assignees can only obtain trademark rights after the application for assignment has been filed, approved and ...

  17. Starting a trademark assignment request in Assignment Center

    Published on: January 29, 2024 14:51. Learn how to start a trademark request in Assignment Center. Assignment Center is a publicly available USPTO system for recording assignments and other documents relating to interests in patents and trademarks. Other ways to view this video. Watch it on YouTube.

  18. CNIPA highlights critical aspects of trademark assignment in published

    Further, the assignment for the international registrations for the China portion should be filed through WIPO instead of directly before the CNIPA. With regard to a multi-class application, partial assignment for some specific classes is not available in China - the Trademark Law requires the entire application to be assigned together.

  19. Trademark Basics Boot Camp, Module 5: Application filing walk-through

    In this fifth module of our eight-part virtual Trademark Basics Boot Camp, we'll focus on the USPTO's Trademark Electronic Application System (TEAS), including a live demonstration of a trademark filing. TEAS is the required system for making any trademark submission to the USPTO. The event is free, but space is limited, so register early.