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

Trademark assignments: Transferring ownership or changing your name

Assignment Center

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is pending or after your trademark has registered. Use Assignment Center to transfer ownership or to request a change in name. See our how-to guide for trademarks on using Assignment Center.

Here are examples of common reasons:

  • I’ve sold my business and need to transfer ownership of the trademark. This is a transfer of ownership called an assignment.
  • I got married just after I filed my application and my last name changed.  This is a name change of the owner. 

There are fees associated with recording assignments, name changes, and other ownership-type changes with the USPTO. See the Trademark Services Fee Code “8521” on the current fee schedule to find the specific fee amount.

See the correcting the owner name page to learn if you can correct an error in the owner's name that does not require an assignment.

Limitations based on filing basis

Intent-to-use section 1(b) applications.

If you’re transferring ownership to a business successor for the goods or services listed in your identification, you can file your assignment at any time. In all other cases, you must wait until after you file an  Amendment to Allege Use or a Statement of Use before you file your assignment. For more information, see the Trademark Manual of Examining Procedure (TMEP)  section 501.01(a) . 

Madrid Protocol section 66(a) U.S. applications and registrations

All ownership changes involving international registrations must be filed with the International Bureau of the World Intellectual Property Organization (WIPO). Follow the guidance on the WIPO website about changing ownership or changing an owner’s or holder’s name. See the  TMEP section 502.02(b) for more information.

How to update ownership information

Submit a request to transfer ownership or change the name.

Use Assignment Center to submit your request to transfer ownership or change the owner name for your U.S. application or registration. You will need to fill out a cover sheet with certain information and may also need to upload supporting documents, depending on the type of change. Also, be prepared to pay the Trademark Services Fee Code “8521” on the current fee schedule .

You'll receive a notice of recordation or non-recordation

In about seven days, look for your notice. If you don’t receive one, contact the Assignment Recordation Branch . The Notice of Non-Recordation will explain the reason your request to record was denied. Here are four common reasons: 

  • A critical piece of information was omitted from the cover sheet. 
  • The document is illegible or not scannable. 
  • The information on the cover sheet and the supporting document do not match. 
  • The assignment was not transferred with the good will of the business. 

USPTO trademark database will be automatically updated after recordation

Once recorded, the trademark database should reflect the new owner information or name change. Check the Trademark Status and Document Retrieval (TSDR) system to see if the owner information has been updated. See below for information about what to do if the database isn’t updated.

What to do if the USPTO trademark database isn’t updated

In some cases, the USPTO will not automatically update the trademark database to show the change in ownership or name. This could happen when the execution date conflicts with a previously recorded document or multiple assignments have the same execution date on the same date. For more information, see TMEP section 504.01 . 

If the trademark database wasn’t updated and your trademark has not published in the Trademark Official Gazette yet, and you need to respond to an outstanding USPTO letter or office action, use the appropriate Response form to request the update of the owner information. If you don’t have a response due, use the Voluntary Amendment form . To do this,

  • Answer “yes” to the question at the beginning of the form that asks if you need to change the owner’s name or entity information.
  • Enter the new name in the “Owner” field in the “Owner Information” section of the form.

Your request to update the owner information will be reviewed by a USPTO employee and entered, if appropriate. To request the owner information be updated manually when your trademark has already published or registered, use the appropriate form listed in the “Checking the USPTO trademark database for assignment/name change” section below.

If you made an error in your Assignment Center cover sheet 

Immediately call the Assignment Recordation Branch to request possible suspension of the recordation. The recordation may be suspended for two days. You’ll be instructed to email the specialist you speak with requesting the cancellation and that a refund be issued. However, if the assignment has already been recorded, your request will be denied. You must then follow the procedures outlined in the TMEP section 503.06 to make any corrections to the assignment.

We strongly recommend filing these changes online using Assignment Center , which will record your changes in less than a week. It is possible to request these changes by paper using the Recordation Form Cover Sheet and mailing the cover sheet, any supporting documentation, and fee to: 

Mail Stop Assignment Recordation Branch Director of the U.S. Patent and Trademark Office PO Box 1450 Alexandria, VA 22313-1450

If you file by paper, we will record your changes within 20 days of filing. 

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.
  • Select the “Status” button.
  • Scroll down to the “Current Owner(s) Information” section. 
  • Check to see that your owner information was updated correctly.

If the owner information hasn’t yet been updated, go to the “Prosecution History” section in TSDR to see the status of the assignment or name change. It can take up to seven days to see an entry in the Prosecution History regarding the assignment. If an entry shows "Ownership records not automatically updated," you will need to submit a TEAS form making the owner or name change manually.

The form you need depends on where your application is in the process.

  • If your trademark has not published in the Trademark Official Gazette yet, use the TEAS Response to Examining Attorney Office Action form or the TEAS Voluntary Amendment form . If you are responding to an outstanding USPTO Office action regarding your application or registration, use the TEAS response form.
  • If your trademark has published but hasn't registered, use the TEAS Post-Publication Amendment form . 
  • If your trademark is registered , use the TEAS Section 7 Request form . A fee is required.

Updating your correspondence information

If your ownership information is automatically updated in TSDR , you must ensure your correspondence information, including any attorney information, is also updated. To update your correspondence or attorney information, use the TEAS Change of Address or Representation (CAR) form . This form cannot be used to change the owner name.

For further information, see TMEP Chapter 500 and look at the frequently asked questions .

Additional information about this page

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Step-by-Step Guide to Drafting a Trademark Assignment Agreement

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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

Introduction

Drafting a trademark assignment agreement is an important part of protecting your business and its associated trademark rights. By clearly outlining the rights and responsibilities of both assignor and assignee, this document helps ensure that the trademark remains in your control and safe from potential infringement or competition.

For business owners, a trademark assignment agreement sets out the obligations of the assignor to protect and maintain the trademark, as well as granting exclusive rights to use it to the assignee. It also establishes any applicable fees or royalties due for using the mark, making sure that you are properly compensated should others wish to use it for their own purposes. This document can be used to prevent such unauthorised uses from occurring in the first place.

A properly drafted agreement also makes sure that you have legal title over your mark - enabling you to use it across multiple products, packaging and advertising without fear of being challenged for its ownership status. Furthermore, by having a legally binding contract in place between yourself (the assignor) and another party (the assignee), any potential infringers are made aware that using your mark without permission would carry legal consequences.

At Genie AI we understand how difficult drafting this kind of document can be - so we’ve created an open source legal template library with millions of datapoints teaching us what a market-standard trademark assignment agreement looks like. With our community template library at hand, anyone can draft and customise high quality legal documents without having to pay an expert lawyer - meaning you don’t need a Genie AI account just yet! Read on below for our step-by-step guidance on how to create your perfect draft agreement today!

Definitions (feel free to skip)

Lanham Act: A federal statute in the United States which provides for the registration and protection of trademarks in interstate commerce. Assignor: The person or entity transferring the trademark. Assignee: The person or entity receiving the trademark. Jurisdiction: The geographical area where a court has authority to hear a legal case. Non-compete clause: A clause in an agreement that restricts one or both of the parties from entering into a similar agreement with a competing entity. Confidentiality agreement: An agreement between two or more parties that requires them to keep certain information private. Consideration: Something of value given in exchange for something else. Indemnification clause: A clause in an agreement that protects one or both of the parties from certain legal liabilities. Specific performance: A court order that requires one or both of the parties to a contract to fulfill their obligations under the agreement.

  • Outline the purpose of the trademark assignment agreement
  • Explain the purpose of the agreement
  • Identify the trademark to be assigned
  • Discuss the relevant trademark law and regulations
  • Identify the applicable laws and regulations
  • Discuss how the laws and regulations will affect the agreement
  • Describe the parties involved in the agreement
  • Identify the assignor and assignee
  • Describe the relationship between the parties involved
  • Explain the scope of the agreement
  • Discuss the scope of the rights and obligations of the assignor and assignee
  • Outline the geographic extent of the assignment
  • Discuss the terms of the agreement
  • Outline the financial terms of the agreement
  • Identify any additional obligations or restrictions
  • Outline the obligations of each party
  • Describe the assignor’s obligations
  • Describe the assignee’s obligations
  • Detail the process for registration of the trademark
  • Discuss the process for filing of the trademark application
  • Explain the process for registration of the trademark
  • Discuss the grounds for termination of the agreement
  • Outline the grounds for termination of the agreement
  • Specify any notice requirements
  • Describe the remedies for breach of the agreement
  • Explain the remedies available to each party in the event of a breach
  • Outline the process for enforcement of the agreement
  • Explain the process for dispute resolution
  • Describe the process for resolving disputes
  • Discuss the parties’ rights and obligations during the dispute resolution process
  • Detail how to obtain the executed agreement
  • Explain the process for obtaining the signed agreement
  • Outline any additional steps required to complete the agreement

Get started

Q: what is the difference between uk and us trademark assignment agreement.

Asked by Aiden on 11th May 2022. A: UK and US trademark assignment agreements are similar, but there are some important differences. In the UK, assignment agreements are governed by the Trade Marks Act 1994, which provides for the transfer of one party’s exclusive rights in a trademark to another party. In the US, assignment agreements are governed by the Lanham Act, which is a federal law setting out the rules for registering and protecting trademarks. The Lanham Act also provides for the transfer of ownership of a mark from one party to another. The key difference between the two jurisdictions is that in the US, an assignor must be registered in order to assign their trademark rights to a new owner. In the UK, registration is not required for an assignment agreement to be valid.

Q: Are there any specific industry-related considerations when drafting a trademark assignment agreement?

Asked by Landon on 15th August 2022. A: Yes, it is important to consider industry-specific issues when drafting a trademark assignment agreement. For example, if you are in the technology sector, you may need to include provisions regarding software updates, compatibility with other technologies, or any other industry-specific considerations that may be relevant to your particular business model or sector. Additionally, it is important to consider any applicable laws or regulations in your jurisdiction regarding trademark use and protection, as these may impact your agreement’s terms and conditions.

Q: How detailed should a trademark assignment agreement be?

Asked by Emma on 9th November 2022. A: A trademark assignment agreement should be as detailed as necessary to ensure that all parties understand their respective rights and obligations under the agreement. This should include details such as who will own the mark after the assignment takes place; what kind of license(s) will be granted; any restrictions on how the mark can be used; and any other details necessary to ensure that all parties understand what is expected of them under the agreement. It is also important to ensure that you include all necessary details so that both parties can enforce their rights if needed in the future.

Q: Is it possible to assign a trademark without registering it?

Asked by Ethan on 2nd February 2022. A: Yes, it is possible to assign a trademark without registering it depending on jurisdiction. In some jurisdictions such as the United States, registration of a mark is required for an assignor to transfer their rights in the mark to another party via an assignment agreement. In other jurisdictions such as the United Kingdom, registration of a mark is not required for an assignor to transfer their rights in the mark via an assignment agreement. It is important to research applicable laws and regulations in your particular jurisdiction before attempting to assign a trademark without registration.

Q: How do I protect my intellectual property (IP) when drafting a trademark assignment agreement?

Asked by Mason on 5th July 2022. A: It is important to protect your intellectual property (IP) when drafting a trademark assignment agreement by including provisions that clearly state who has ownership rights over any IP associated with the transferred mark and how it can be used. Additionally, you should consider including provisions that set out how disputes involving IP will be handled and any applicable time limitations on filing claims related to IP rights associated with the transferred mark. By doing so, you can ensure that both parties are fully aware of their respective rights and obligations under the agreement and that your IP is adequately protected from potential misuse or infringement by third parties.

Example dispute

Possible lawsuits involving trademark assignment agreements.

  • Plaintiff may sue if their trademark was assigned without their knowledge or consent.
  • Plaintiff may sue if the trademark assignment agreement was not honored or followed.
  • Plaintiff may sue if the trademark assignment agreement was not properly executed.
  • Plaintiff may sue if the trademark assignment agreement contains unfair or one-sided provisions.
  • Plaintiff may sue if the trademark assignment agreement contains ambiguous or vague language.
  • Plaintiff may sue if the trademark assignment agreement was obtained through fraud, misrepresentation, or duress.
  • Plaintiff may sue if the trademark assignment agreement was breached.
  • Plaintiff may sue if the trademark assignment agreement was not properly registered.
  • Plaintiff may sue if the trademark assignment agreement was not properly enforced.
  • Plaintiff may sue if the trademark assignment agreement was used to unfairly compete with them.
  • Plaintiff may sue if the trademark assignment agreement was used to infringe on their trademark.
  • Plaintiff may sue if the trademark assignment agreement was used to commit deceptive trade practices.
  • Plaintiff may sue if they have suffered damages as a result of the trademark assignment agreement.
  • Plaintiff may sue to seek an injunction to prevent further violations of the trademark assignment agreement.
  • Plaintiff may sue to seek monetary damages, including lost profits and/or attorney’s fees.

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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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trademark assignment clause

After a trademark achieves federal registration, ownership of the mark may change hands for a variety of reasons. When a trademark owner transfers their ownership in a particular mark to someone else, it is called an assignment. Generally, for an assignment of a trademark to be valid , the assignment must also include the ‘goodwill’ associated with the mark (goodwill is an intangible asset that refers to the reputation and recognition of the mark among consumers). If the assignment of a trademark includes the mark’s goodwill and is otherwise legal, the assignee gains whatever rights the assignor had in the mark. Importantly, this includes the mark’s priority date, which has implications for protecting the mark from potential infringers going forward.

In contrast, if an assignment of a trademark is made without the mark’s accompanying goodwill, then it is considered an assignment “in gross” — and the assignment is invalid under U.S. law. Courts have analyzed whether an assignment was made in gross in a few different ways, but, as is the case with much of trademark law, protecting customers from deception and confusion is the primary motivation behind any analysis for determining the validity of an assignment.

One way courts determine if an assignment was made in gross is through the substantial similarity test. This test essentially examines whether the assignee is making a product or providing a service that is “substantially similar” to that of the assignor, such that consumers would not be deceived by the assignee’s use of the mark. This analysis includes an assessment of the quality and nature of the goods and services provided under the mark post-assignment.  Thus, even if an assignee is using the mark on the same type of goods, but the goods are of lower quality than the goods previously offered by the assignor under the mark, the assignment could be invalid. However, slight or inconsequential changes to goods and services after an assignment are not likely to invalidate the assignment, as such changes are to be expected and would not thwart consumer expectations.

Decisions on the question of substantial similarity are only marginally instructive, as the  test calls for a fact specific inquiry into what the consuming public has come to expect from the goods or services offered under a given mark. For example, courts have noted that despite similarities in services and goods, “even minor differences can be enough to threaten customer deception.” [1] Instances of products or services that were deemed not substantially similar (and thus resulted in invalid assignments) include: an assignee offering phosphate baking powder instead of alum baking powder; [2] an assignee using the mark on a pepper type beverage instead of a cola type beverage; [3] an assignee producing men’s boots as opposed to women’s boots; [4] an assignee using the mark on beer instead of whiskey; [5] and an assignee selling hi-fidelity consoles instead of audio reproduction equipment. [6]

Conversely, case law has also shown that substantial similarity can be found even when products or services do differ in some aspects, if consumers aren’t likely to be confused. For example, the following product changes did not result in a finding of an invalid assignment: an assignee offering dry cleaning detergent made with a different formula; [7] an assignee using thinner cigarette paper; [8] and an assignee selling a different breed of baby chicks. [9]

Whether goods or services are substantially similar may seem like an easy test to apply, but, as case law demonstrates, this fact-intensive analysis can yield results that look strange in the abstract. Disputes involving the validity of a trademark assignment are decided on a case-by-case basis, using the specific facts at hand to determine if consumer expectations are being met under the new use. Thus, while trademarks acquired through assignment can have significant value (and grant the assignee important rights formerly held by the assignor), assignees should be wary of changes to goods or services under an acquired mark that could be seen as deceiving the public.

[1] Clark & Freeman Corp. v. Heartland Co. Ltd. , 811 F. Supp. 137 (S.D.N.Y. 1993).

[2] Independent Baking Powder Co. v. Boorman , 175 F. 448 (C.C.D.N.J.1910).

[3] Pepsico, Inc. v. Grapette Company , 416 F.2d 285 (8th Cir. 1969).

[4] Clark & Freeman Corp. v. Heartland Co. Ltd. , 811 F. Supp. 137 (S.D.N.Y. 1993).

[5] Atlas Beverage Co. v. Minneapolis Brewing Co. , 113 F.2d 672 (8 Cir. 1940).

[6] H. H. Scott, Inc. v. Annapolis Electroacoustic Corp. , 195 F.Supp. 208 (D.Md.1961).

[7] Glamorene Products Corp. v. Procter & Gamble Co. , 538 F.2d 894 (C.C.P.A. 1976).

[8] Bambu Sales, Inc. v. Sultana Crackers, Inc. , 683 F. Supp. 899 (1988).

[9] Hy-Cross Hatchery, Inc v. Osborne 303 F.2d 947, 950 (C.C.P.A. 1962)

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Trademark Assignments

On the most fundamental level, a trademark assignment is simply the situation under which an existing trademark holder transfers the rights to the trademark to another individual/entity.  Specifically, the original trademark owner transfers, sells, or assigns his rights to the trademark to a new party and it is incumbent on the new party to register this change of ownership with the USPTO.  For those more technically inclined, according to the Trademark Federal Statutes and Rules (TFSR) , an “Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.”

Yes. You Need to Have a Trademark Assignment Agreement Drafted

Trademark assignments – the fine print.

Assignments Must be in Writing

The USPTO has adopted the broader position of government bodies and agencies to mandate records and documentation. If you are engaging in a trademark assignment agreement (as either the buyer or seller), make sure the full scope and contours of the deal are in writing.

Partial Assignments

Trademarks, like other forms of property, may, in fact, be owned by multiple people/entities at any given time.  Therefore, through the operation of law and contract, one of the co-owners may very well have the right to assign his partial and isolated ownership interest in the trademark to another.  Or, if the trademark has only one owner on record, the owner may transfer and assign a designated portion of his right to the trademark to another. This partial assignment should be documented and filed with the USPTO .

What Should I Submit to the USPTO For a Valid Trademark Assignment

Keep On Documenting

Remember, the USPTO is a Government body with cumbersome (but arguably necessary) logistical requests designed to put law and order to a colossal amount of data. The USPTO wants things nice and orderly and to maximize the likelihood of smooth and efficient trademark assignments, require the following:

TMEP 503(b) – SUPPORTING DOCUMENTS

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 document;
  • (2) A copy of an extract from the document evidencing the effect on title; or
  • (3) A statement signed by both the party conveying the interest  and  the party receiving the interest explaining how the conveyance affects title.

Free Trademark Assignment Agreement Template for Microsoft Word

Download this free Trademark Assignment Agreement template as a Word document to outline transfers and interests in a trademark from one party to another

Trademark Assignment Agreement

This Trademark Assignment (hereinafter referred to as the “Assignment”) is made and entered into on [Insert Date Here] (the “Effective Date”) by and between the following parties:

[Insert Assignor Name] [Insert Assignor Address]

(the “Assignor”)

[Insert Assignee Name] [Insert Assignee Address]

(the “Assignee”)

WHEREAS, the Assignor is the sole and rightful owner of certain trademarks and/or service marks and the corresponding registrations and/or applications for registration (collectively referred to as the Trademarks) set forth in Exhibit A attached hereto; and

WHEREAS, the Assignee desires to purchase or acquire the Assignor’s right, title, and interest in and to the Trademarks; and

WHEREAS, the Assignor and Assignee are both duly authorized and capable of entering into this Assignment.

NOW, THEREFORE, for valuable consideration, the receipt of which is acknowledged, the parties hereto agree as follows:

1. ASSIGNMENT.

The Assignor does hereby sell, assign, transfer and set over to Assignee all of its right, title, and interest in and to the Trademarks in the United States and all jurisdictions outside the United States including, without limitation, the ongoing and existing portion of the Assignor’s business associated with the Trademarks, together with the goodwill of the business connected with and symbolized by the Trademarks (including, without limitation, the right to sue and recover for any past or continuing infringements or contract breaches related to the Trademarks, the right to renew any registrations included in the Trademarks, the right to apply for trademark registrations within or outside the United States based in whole or in part upon the Trademarks, and any priority right that may arise from the Trademarks), the same to be held and enjoyed by Assignee as fully and entirely as said interest could have been held and enjoyed by Assignor had this sale, assignment, transfer and conveyance not been made.

The Assignor authorizes the United States Patent and Trademark Office and any other applicable jurisdictions outside the United States to record the transfer of the registrations and/or registration applications set forth in Exhibit A to Assignee as the recipient of Assignors entire right, title, and interest therein.

Assignor further agrees to upon the request and at the expense of Assignee: (a) cooperate with Assignee in the protection of the trademark rights and prosecution and protection of foreign counterparts; (b) execute, verify, acknowledge and deliver all such further papers, including registration applications and instruments of transfer; and (c) perform such other acts as Assignee lawfully may request to obtain or maintain the Trademarks and any and all applications and registrations for the Trademarks.

2. WARRANTY.

Assignor warrants that Assignor is the legal owner of all right, title, and interest in the Trademarks, that the Trademarks have not been previously pledged, assigned, or encumbered, and that this Assignment does not infringe on the rights of any person.

3. GOVERNING LAW.

This Assignment is governed by and is to be construed in accordance with the laws of the State of [Insert State]

4. ENTIRE AGREEMENT.

This Assignment constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.

5. SEVERABILITY.

If one or more provisions of this Assignment are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. If the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision will be excluded from this Assignment, (ii) the balance of the Assignment will be interpreted as if such provision were so excluded and (iii) the balance of the Assignment will be enforceable in accordance with its terms.

6. ADVICE OF COUNSEL.

EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT WILL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.

IN WITNESS whereof, the Assignor and Assignee have executed this Agreement as of the Effective Date.

By: ___________________________________ Date: __________________ _________________

[Notary Acknowledgement to Follow]

List of Trademark/Service Mark

Trademark/Service mark: _________________ Registration/Application number: _________________ Dated: _________________

Assignor Acknowledgement

State of _________________ ) County of _________________ )

On ____________________ before me the undersigned Notary Public, personally appeared ____________________________ ASSIGNOR, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of _________________ that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________ (Notary Seal) Notary Public

________________________________________ My commission expires

Assignee Acknowledgement

On ____________________ before me the undersigned Notary Public, personally appeared ____________________________ ASSIGNEE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

Related Documents

Advertising agreement, arbitration agreement, barter agreement, business sale agreement.

Trade Mark Assignment Agreement

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Trade Mark Assignment Agreement

A Trade Mark Assignment Agreement ("Assignment Agreement") is a legal document under which the Trade Mark owner, known as the "Assignor," assigns another person or entity to own such rights, known as the "Assignee", in exchange for an agreed payment, known as a "Consideration".

Trade Mark is a word or symbol representing a company or product. A Trade Mark can be one that is registered under the Trade Marks Act, 1999 or one that is established by continuous and prolonged use of such a word or symbol in relation to a particular company or product. For example, APPLE, GOOGLE, TATA, etc.

As per the Trade Mark Act, 1999, the Assignment of Trade Mark has to be done by execution of the assignment deed in writing. Both the registered and unregistered Trade Mark under the Act can be assigned to a third party.

An assignment Agreement is different from a License Agreement , under an Assignment Agreement, the Assignor gives away all the rights over the Trade Mark for a fixed amount or consideration and will not be entitled to use such Trade Mark or receive regular Royalty payments on it. On other hand, under the License Agreement , the owner of the Trade Mark grants permission to another person to utilize the Trade Mark in a particular manner for a limited period of time.

The Assignment Agreement can be of two types:

  • Assignment with goodwill: The Assignor transfer absolute rights and values associated with the Trade Mark to the Assignee. After entering into this Agreement, the Assignor will not be able to use any goods or services related to the Trade Mark. For example, ABC Ltd owns a Trade Mark with the wordmark "GREENGO" registered under classes 35 and 42. Under this arrangement, ABC assigns all its rights over the Trade Mark "GREENGO" in relation to Classes 35 and 42 along with any other classes registered in the future.
  • Assignment without goodwill: Under this, the Trade Mark related to particular goods or services will be assigned to the Assignee and the Assignor will retain the right to use and assign the goods or services which are not assigned to the Assignee under this Agreement. For example, XYZ Ltd owes a Trade Mark with the wordmark "ORANGE TECH" registered under classes 30 and 39. Under this arrangement, XYZ assigns the Trade Mark to the assignee only in relation to class 30 and retains the rights over class 39 and any future classes under the same name.

Restrictions on assignment of Trade Mark:

  • Restriction on assignment or transmission where multiple exclusive rights would be created . Thus, the same or similar goods or services cannot be assigned to different entities or people. If different Trade Marks are assigned, such assignments should not cause any confusion among the users of such goods or services.
  • Restriction on assignment or transmission when exclusive rights would be created in different parts of India. Thus, the Trade Mark cannot be assigned to different people on a geographical basis within the boundaries of India.

How to use this document?

This Agreement covers the following major provisions:

  • Parties: The type and details of the parties i.e. Assignor and Assignee are included under this Agreement. The Parties can be an individual, company, partnership, LLP and so on.
  • Description of Trade Mark: the details about the Trade Mark can be mentioned under this Agreement. If required, a detailed description can be mentioned under Schedule-A to the Agreement.
  • Assignment of Trade Mark : defines the assignment of Trade Mark and denotes whether the Trade Mark is assigned with or without the goodwill.
  • Consideration: It includes the method of calculation of consideration payable by the Assignee, how it will be paid to the Assignor and who will bear the cost of GST (Goods and Services Tax) payable on such transaction. This clause also includes the penalty for any late payment of Consideration by the Assignee.
  • Warranties: The warranties or promises by both the Assignor and Assignee regarding their capacity to enter into this Agreement, ownership over the Trade Mark, compliance with the terms of this Agreement and laws are included. If required, such additional warranties can be mentioned under this clause.
  • Confidentiality: Under this, both parties agree not to disclose confidential information including trade secrets, know-how, plans and so on to any third parties. If required, a separate detailed non-disclosure agreement can be signed between the parties.

Once the details are filled in, this Agreement can be printed on non-judicial stamp paper of value prescribed by the concerned state where this Agreement is executed. The Agreement has to be signed by two independent witnesses who are not a party to this Agreement and must be notarized by a notary located in the place where this Agreement has been executed.

Once the Agreement is executed and notarized, it needs to be registered with the Registrar of Trade Mark within six months.

Applicable Law?

Assignment of the Trade Mark is covered under the Trade Marks Act, 1999. Only those assignment agreements registered with the Registrar will have protection under this Act.

An Assignment Agreement is a contract and general principles of the Indian Contract Act, 1872 will be applicable.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Guides to help you

  • What to do after Finishing a Contract?
  • When and how to Notarize a Document?

Other names for the document:

Trademark Assignment Agreement, Assignment of Trade Mark Agreement, Agreement to sell a trade mark, Assignment of goods trade mark, Assignment of service trade mark

Country: India

Intellectual Property and New Technologies - Other downloadable templates of legal documents

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  • Copyright Assignment Agreement
  • Software Development Agreement
  • Website Cookies Policy
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  • Intellectual Property License Agreement
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  • Other downloadable templates of legal documents

trademark assignment clause

  • Assignment Clause

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Contract Clauses

  • Acceleration Clause
  • Arbitration Clause
  • Cancellation Clause
  • Choice of Law Clause
  • Confidentiality Clause
  • Consideration Clause
  • Definitions Clause
  • Dispute Resolution Clause
  • Entire Agreement Clause
  • Escalation Clause
  • Exclusivity Clause
  • Exculpatory Clause
  • Force Majeure Clause
  • Governing Law Clause
  • Indemnification Clause
  • Indemnity Clause
  • Insurance Clause
  • Integration Clause
  • Merger Clause
  • Non-Competition Clause
  • Non-Disparagement Clause
  • Non-Exclusivity Clause
  • Non-Solicitation Clause
  • Privacy Clause
  • Release Clause
  • Severability Clause
  • Subordination Clause
  • Subrogation Clause
  • Survival Clause
  • Termination Clause
  • Time of Essence Clause

Jump to Section

Assignment clause defined.

Assignment clauses are legally binding provisions in contracts that give a party the chance to engage in a transfer of ownership or assign their contractual obligations and rights to a different contracting party.

In other words, an assignment clause can reassign contracts to another party. They can commonly be seen in contracts related to business purchases.

Here’s an article about assignment clauses.

Assignment Clause Explained

Assignment contracts are helpful when you need to maintain an ongoing obligation regardless of ownership. Some agreements have limitations or prohibitions on assignments, while other parties can freely enter into them.

Here’s another article about assignment clauses.

Purpose of Assignment Clause

The purpose of assignment clauses is to establish the terms around transferring contractual obligations. The Uniform Commercial Code (UCC) permits the enforceability of assignment clauses.

Assignment Clause Examples

Examples of assignment clauses include:

  • Example 1 . A business closing or a change of control occurs
  • Example 2 . New services providers taking over existing customer contracts
  • Example 3 . Unique real estate obligations transferring to a new property owner as a condition of sale
  • Example 4 . Many mergers and acquisitions transactions, such as insurance companies taking over customer policies during a merger

Here’s an article about the different types of assignment clauses.

Assignment Clause Samples

Sample 1 – sales contract.

Assignment; Survival .  Neither party shall assign all or any portion of the Contract without the other party’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that either party may, without such consent, assign this Agreement, in whole or in part, in connection with the transfer or sale of all or substantially all of the assets or business of such Party relating to the product(s) to which this Agreement relates. The Contract shall bind and inure to the benefit of the successors and permitted assigns of the respective parties. Any assignment or transfer not in accordance with this Contract shall be void. In order that the parties may fully exercise their rights and perform their obligations arising under the Contract, any provisions of the Contract that are required to ensure such exercise or performance (including any obligation accrued as of the termination date) shall survive the termination of the Contract.

Reference :

Security Exchange Commission - Edgar Database,  EX-10.29 3 dex1029.htm SALES CONTRACT , Viewed May 10, 2021, <  https://www.sec.gov/Archives/edgar/data/1492426/000119312510226984/dex1029.htm >.

Sample 2 – Purchase and Sale Agreement

Assignment . Purchaser shall not assign this Agreement or any interest therein to any Person, without the prior written consent of Seller, which consent may be withheld in Seller’s sole discretion. Notwithstanding the foregoing, upon prior written notice to Seller, Purchaser may designate any Affiliate as its nominee to receive title to the Property, or assign all of its right, title and interest in this Agreement to any Affiliate of Purchaser by providing written notice to Seller no later than five (5) Business Days prior to the Closing; provided, however, that (a) such Affiliate remains an Affiliate of Purchaser, (b) Purchaser shall not be released from any of its liabilities and obligations under this Agreement by reason of such designation or assignment, (c) such designation or assignment shall not be effective until Purchaser has provided Seller with a fully executed copy of such designation or assignment and assumption instrument, which shall (i) provide that Purchaser and such designee or assignee shall be jointly and severally liable for all liabilities and obligations of Purchaser under this Agreement, (ii) provide that Purchaser and its designee or assignee agree to pay any additional transfer tax as a result of such designation or assignment, (iii) include a representation and warranty in favor of Seller that all representations and warranties made by Purchaser in this Agreement are true and correct with respect to such designee or assignee as of the date of such designation or assignment, and will be true and correct as of the Closing, and (iv) otherwise be in form and substance satisfactory to Seller and (d) such Assignee is approved by Manager as an assignee of the Management Agreement under Article X of the Management Agreement. For purposes of this Section 16.4, “Affiliate” shall include any direct or indirect member or shareholder of the Person in question, in addition to any Person that would be deemed an Affiliate pursuant to the definition of “Affiliate” under Section 1.1 hereof and not by way of limitation of such definition.

Security Exchange Commission - Edgar Database,  EX-10.8 3 dex108.htm PURCHASE AND SALE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1490985/000119312510160407/dex108.htm >.

Sample 3 – Share Purchase Agreement

Assignment . Neither this Agreement nor any right or obligation hereunder may be assigned by any Party without the prior written consent of the other Parties, and any attempted assignment without the required consents shall be void.

Security Exchange Commission - Edgar Database,  EX-4.12 3 dex412.htm SHARE PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1329394/000119312507148404/dex412.htm >.

Sample 4 – Asset Purchase Agreement

Assignment . This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, at any time after the Closing, are freely assignable by Buyer. This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, are assignable by Seller only upon the prior written consent of Buyer, which consent shall not be unreasonably withheld. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Security Exchange Commission - Edgar Database,  EX-2.1 2 dex21.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1428669/000119312510013625/dex21.htm >.

Sample 5 – Asset Purchase Agreement

Assignment; Binding Effect; Severability

This Agreement may not be assigned by any party hereto without the other party’s written consent; provided, that Buyer may transfer or assign in whole or in part to one or more Buyer Designee its right to purchase all or a portion of the Purchased Assets, but no such transfer or assignment will relieve Buyer of its obligations hereunder. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors, legal representatives and permitted assigns of each party hereto. The provisions of this Agreement are severable, and in the event that any one or more provisions are deemed illegal or unenforceable the remaining provisions shall remain in full force and effect unless the deletion of such provision shall cause this Agreement to become materially adverse to either party, in which event the parties shall use reasonable commercial efforts to arrive at an accommodation that best preserves for the parties the benefits and obligations of the offending provision.

Security Exchange Commission - Edgar Database,  EX-2.4 2 dex24.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1002047/000119312511171858/dex24.htm >.

Common Contracts with Assignment Clauses

Common contracts with assignment clauses include:

  • Real estate contracts
  • Sales contract
  • Asset purchase agreement
  • Purchase and sale agreement
  • Bill of sale
  • Assignment and transaction financing agreement

Assignment Clause FAQs

Assignment clauses are powerful when used correctly. Check out the assignment clause FAQs below to learn more:

What is an assignment clause in real estate?

Assignment clauses in real estate transfer legal obligations from one owner to another party. They also allow house flippers to engage in a contract negotiation with a seller and then assign the real estate to the buyer while collecting a fee for their services. Real estate lawyers assist in the drafting of assignment clauses in real estate transactions.

What does no assignment clause mean?

No assignment clauses prohibit the transfer or assignment of contract obligations from one part to another.

What’s the purpose of the transfer and assignment clause in the purchase agreement?

The purpose of the transfer and assignment clause in the purchase agreement is to protect all involved parties’ rights and ensure that assignments are not to be unreasonably withheld. Contract lawyers can help you avoid legal mistakes when drafting your business contracts’ transfer and assignment clauses.

trademark assignment clause

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COMMENTS

  1. Trademark assignments: Transferring ownership or changing your name

    Answer "yes" to the question at the beginning of the form that asks if you need to change the owner's name or entity information. Enter the new name in the "Owner" field in the "Owner Information" section of the form. Your request to update the owner information will be reviewed by a USPTO employee and entered, if appropriate.

  2. Trademark Assignment Sample Clauses: 188 Samples

    The Trademark Assignment, dated or to be dated on or prior to the Closing Date, made by the Borrower in favor of the Collateral Agent and in form and substance satisfactory to the Banks and the Agents. Sample 1 See All ( 5) Trademark Assignment. Buyer shall have executed and delivered the Trademark Assignment in substantially the form attached ...

  3. Trademark assignment—How-to guide

    Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties. ... The "whereas" clauses, referred to as recitals, define the world of the assignment and offer key background information about the parties. In this agreement, the recitals include a simple statement of the intent to ...

  4. Trademark Assignment

    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.

  5. Assignment of Trademark Sample Clauses

    Sample 1 Sample 2. Assignment of Trademark. On the Effective Date, USGN shall deliver to Kidde an assignment agreement, in the form of Exhibit G, whereby USGN shall, subject to the terms of this Agreement, assign to Kidde all of its right, title and interest in the Trademark, including all goodwill associated therewith (the "Trademark ...

  6. Trademark Assignment and License Sample Clauses

    Sample 1. Trademark Assignment and License. No later than the Merger Closing, Founder shall, and Parent shall cause B-Co to, execute and deliver the Trademark Assignment and License (in the form attached hereto as Exhibit B) (a) assigning ownership of the trademark MAKE THE FIRST MOVE, including the trademark application U.S. serial no. 87/ ...

  7. Step-by-Step Guide to Drafting a Trademark Assignment Agreement

    Drafting a trademark assignment agreement is an important part of protecting your business and its associated trademark rights. Our free templates and this guide can help you get started. ... Non-compete clause: A clause in an agreement that restricts one or both of the parties from entering into a similar agreement with a competing entity.

  8. Trademark Assignment: How to Transfer Trademark Ownership

    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.

  9. Trademark Assignments: Keeping it Valid

    Disputes involving the validity of a trademark assignment are decided on a case-by-case basis, using the specific facts at hand to determine if consumer expectations are being met under the new use.

  10. Trademark Assignment FAQ

    With LawDepot's Trademark Assignment, you can choose to include various representations and warranties that apply to the trademark that is being transferred.These representations and warranties are as follows: The Assignor owns the mark. Selecting this option will insert a clause into your completed Trademark Assignment that states that the Assignor guarantees that he, she, or it owns the ...

  11. Free Trademark Assignment Agreement Template

    A trademark assignment agreement is commonly used to document a trademark or service mark transfer of ownership. A transfer of ownership is often necessary when another person or organization sells or purchases a product or company. Two types of trademarks can be transferred: Federally Registered. Common Law or Unregistered.

  12. PDF TRADEMARK ASSIGNMENT AGREEMENT

    Assignment. Assignor hereby irrevocably assigns, grants, and transfers to Assignee all rights, title, and interest in and to the Mark in perpetuity. Assignor further authorizes the United States Patent and Trademark Office and all other agencies in jurisdictions outside the United States to record the transfer of the registration.

  13. Trademark Assignment Agreement Form

    Updated Oct 25, 2023. ~ 10 pages. PDF. 26.6K downloads. A trademark assignment agreement provides a record of ownership and function similar to a digital version of a bill of sale. By using a trademark assignment agreement, you can transfer the property rights in a mark or multiple marks.

  14. Trademark Assignment Agreement: All You Need to Know

    A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment. The agreement typically includes details about the trademark, the parties involved, and the ...

  15. Assignment of Trademarks Sample Clauses: 119 Samples

    Assignment of Trademarks. Assign to XXXXX or its designee all of PFIZER's and its Affiliates' right, title and interest in and to the Trademarks in the Territory and any other trademark that PFIZER is using in connection with a Licensed Product on the effective date of termination. In the case of each of clauses (i) through (vi) of this Section 12.2(d), XXXXX shall reimburse PFIZER for ...

  16. Trademark Assignments

    Trademark Assignments. On the most fundamental level, a trademark assignment is simply the situation under which an existing trademark holder transfers the rights to the trademark to another individual/entity. Specifically, the original trademark owner transfers, sells, or assigns his rights to the trademark to a new party and it is incumbent ...

  17. PDF TRADEMARK ASSIGNMENT & GUIDELINES

    • Recitals. The "whereas" clauses, referred to as recitals, define the world of the assignment and offer key background information about the parties. In this agreement, the recitals include a simple statement of the intent to transfer rights in the trademark. • Section 1: Assignment of Marks. The assignment and acceptance of the ...

  18. Free Trademark Assignment Agreement Template for Microsoft Word

    Trademark Assignment Agreement. This Trademark Assignment (hereinafter referred to as the "Assignment") is made and entered into on [Insert Date Here] (the "Effective Date") by and between the following parties: WHEREAS, the Assignor is the sole and rightful owner of certain trademarks and/or service marks and the corresponding ...

  19. Trade Mark Assignment Agreement

    Formats Word and PDF. Size 8 to 13 pages. Fill out the template. A Trade Mark Assignment Agreement ("Assignment Agreement") is a legal document under which the Trade Mark owner, known as the "Assignor," assigns another person or entity to own such rights, known as the "Assignee", in exchange for an agreed payment, known as a "Consideration".

  20. U.S. Trademark Assignment Sample Clauses

    U.S. Trademark Assignment. Deliver to Buyer the trademark assignments for United States registered Trademarks in the forms attached hereto as Exhibit 6.2.3, duly executed by Seller or Seller's Affiliates, as appropriate.

  21. Assignment Clause: Meaning & Samples (2022)

    Assignment Clause Examples. Examples of assignment clauses include: Example 1. A business closing or a change of control occurs. Example 2. New services providers taking over existing customer contracts. Example 3. Unique real estate obligations transferring to a new property owner as a condition of sale. Example 4.

  22. QUITCLAIM TRADEMARK ASSIGNMENT Sample Clauses

    Sample 1. QUITCLAIM TRADEMARK ASSIGNMENT. Defendants Jxxx X. Xxxxxxx, The Estate of Nxxxx Xxxx Xxxxxxx, and Gxxxxxx Science and Design, Inc. (collectively "Assignor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, hereby convey all rights of whatever ...