A trademark is a form of property that is obtained by an entity, organization, company, or an individual who has registered his business logo, name, and other symbols relating to his business. If a specific symbol is under a trademark protection, no outside entities can use the symbol unless permitted by the trademark ownership holder through a process of a trademark transfer or trademark assignment form.
Trademark assignment forms are documents that are intended to be used by trademark owners for transferring a portion of their owned trademark to other parties and entities. If the assignment is conducted after the product or the trademark has been registered, the owner must inform the authorities of the state by sending a notice form or a written request to amend the information of the trademark. Moreover, the owner can also file a specific type of trademark assignment form that will renew the application of the trademark and include the new owner’s information to be recorded by the state. you may also see Notice to Owner Forms.
The varieties of trademark assignment will depend on what the purpose of the user will be and what process will be suitable to be conducted to fulfill the requests and needs of the user. Below are some of the most common varieties of trademark agreement forms that authorities provide for their clients who are trademark owners:
Declaring a product trademark ownership is an important obligation to be fulfilled by a trademark owner especially when executing a transfer procedure. If the trademarks of the assignor are already registered, he must use a registered trademark assignment declaration form. This variety of trademark assignment form contains six separate sections. you may also see Sample Custom Declaration Forms.
The first section is labeled as the assignor information section, which will be where the assignor or the trademark owner will disclose his basic data including his name, address, and the name of his chosen representative if the main assignor is an entity or a company. The second section is a table that will enlist the trademark products and the details to be provided by the assignor. For this, the assignor must indicate the type of trademark, the specific economy, and country where the trademark has been registered, and the individual trademark registration numbers. The third section is allotted for the general information of the assignee or the receiver of the product trademark ownership. you may also see Business Declaration Forms.
A representation, warranty, and acknowledgment statement form will be the content stated in the fourth section which is essential for informing both parties about the properties of the assignment as well as the factors that can contribute to the success and the failure of the assignment transfer process. Moreover, the last two sections will be where the assignor and the assignee will affix their signatures and the date of when the document has been completed.
Trademark practitioners are individuals who are professionally and legally allowed to be a representative of a trademark owner or applicant during any procedure to be conducted in relation to registering and amending trademark information. These practitioners must use a trademark assignment agreement checklist form as a guide in the process of transferring a trademark and assigning a new owner or co-owner for a product’s trademark.
In this checklist form, the practitioner will be able to identify what contents of a trademark assignment agreement are lacking and should be included by the parties involved in the agreement form. Common aspects and factors to be checked and reviewed by a practitioner include the time frame of the trademark, the assets to be assigned to the assignee, the execution requirements, the taxations and considerations, and the miscellaneous provisions that are defined and finalized by the assignor and the assignee.
This type of trademark assignment form is specifically to be used to begin the trademark assignment application process. The form is a single-paged document which then promotes efficiency and a shorter time period for completing the application of the trademark assignment. If the assignee is a foreign entity or individual, then the assignor must indicate not only the basic information form of the assignee but also the assignee’s address of service.
Additionally, the trademark agent or practitioner, the trademark registration number, and an indication of whether the trademark is owned jointly must also be stated in the form. Then, the assignee’s and the assignor’s signatures will be required to complete the application with the seal of the trademark agent. you may also see Application Form Examples.
If the purpose of a trademark owner is to simply renew the details of his owned trademarks, he will be required to complete a renewal form. This document will allow the owner to identify what information and data of his trademark will be updated to the records of the state.
A trademark assignment short form is identical to a basic trademark assignment form; however, it only focuses on the important factors that must be discussed and disclosed by the former and new trademark owners. To create a trademark assignment short form, the steps below must be followed:
Defining what the objective of creating and using the form is important, which is why the objective must be stated in the first section of the contract assignment form. Additionally, the description of the goods and the services that are included in the trademark should also be stated along with their details and trademark information. you may also see Sample Business Short Forms.
The assignor is the owner of the trademark that will be assigned and transferred to another party. In this section, the name of the assignor and the application serial number of the trademark’s previous registered application form will be indicated.
The assignee will be the party who will receive the ownership to be transferred by the assignor. The assignee’s entity type, contact information, and address should be included in this section.
The acknowledgement statement form must have an accompanying signature block wherein the effective date and the signature of the assignor will be affixed.
Any type of document will not be accepted as a legal form if there is no evident seal from a legal notary. This is why the trademark assignment form must have a notarization area to allow a notary public seal the form with his signature to prove that the transaction and agreements of the assignor and the assignee are legally binding as well as have been included in the notary’s records and reports.
When an individual will be using trademark assignment forms, he must keep in mind the following tips for him to achieve a successful transaction of the procedure that he will be needing to cater his objectives and intentions:
As stated above, there are different varieties of trademark assignment forms that trademark agents, assignors, and assignees must choose for different processes. By securing that the right form is used, the user will be able to have an assurance that his request and needs will be addressed immediately by the authority and without further delay. Also, there are varieties of trademark contract assignment forms that are only allowed to be used by one party and not by other entities such as by the trademark agent or practitioner, and the assignor, or the assignee.
Knowing which portion of the form will be filled out by whom is essential especially if there are more than two users of the form. The labels for each category and section of the form will serve as the guide for the user. Alternatively, the user can also ask for the guidance of an individual who is knowledgeable in completing the form such as the trademark agency’s agents and practitioners, and the state’s authority officers.
Reviewing and double-checking the answers is important for any trademark owner or assignor and assignee. By conducting a review, blank areas will be avoided and requirements will be fulfilled. you may also see Assignment Agreement Form Samples.
Some trademark assignment form varieties have a list of requirements or other legal forms to attach to the document upon submission, while there are some that do not have the requirement list. Most of the requirements are associated with the need of the authority for proof of an assignor’s claim form toward his disclosed trademark information. Moreover, the requirements must also be checked by the trademark agent properly if he will be representing the parties in the deliberation or in the presentation to the trademark authorities of the state.
With the aforementioned varieties, steps, tips, any trademark owner will be able to successfully update his trademark information and assign a new or co-owner legally. The duplicate of the signed documents should also be provided to all involved parties for record-keeping intentions that can be retained years after the transaction. you may also see Assignment Agreement.