When you own an intellectual property and you would want to obtain your ownership, you could make an agreement that consists a variety of terms and conditions with regards to its usage. Examples of this are the trademarks and the service marks of your company. When there are some people asking for your permission or authorization to use these, there are some contract agreement forms that you could utilize in order to retain the condition and your ownership of these intellectual properties. Therefore, refer below for more information for you to create awareness with regards to what forms to utilize.
Registered Trademark Assignment Form
Simple Trademark Assignment Agreement
What are Trademarks and Service Marks?
A trademark is referred to some designs, symbols, names, or words that represent or identify the products and/or goods of a particular company, whereas a service mark is to identify the services that are offered or provided, particularly those services that the company is known for. In addition, a business company is recognized or known due to the usage of these trademarks and/or service marks. Therefore, it is mandatory that these marks are registered or established legally in order to represent or symbolize the company.
There are a few circumstances when there are some people or some business entities who would be interested in your trademarks. Therefore, in order for them to get the authorization from you, they should be able to submit a petition form or a request to obtain a trademark license. This license is given when all the essential information that you will be needing are provided in the trademark license agreement form.
Trademark/Service Mark Assignment Form
Trademark Assignment or Transfer Form
Trademark Assignment Agreement Form
What is a Trademark License?
A trademark license serves as an authorization permit that is also used as an evidence by the person or an entity. This indicates that the owner of the particular trademark/s has granted the requestor’s grant application to use the intellectual property under the specific conditions or rules that are established by the owner. With the use of a trademark license, the owner is able to maintain or obtain the rights that he or she has for this intellectual property. Yet, in such cases wherein the trademarks are needed to be transferred to another person or entity, the form to utilize in this regard is the trademark assignment agreement form.
What is a Trademark Assignment?
A trademark assignment is often utilized when the owner has decided to transfer all the trademarks’ ownership rights to a person or an entity. In this case, the owner is referred as the assignor while the person or the entity to whom the ownership rights of the trademark/s are to be transferred is referred to as the assignee. The form of trademark assignment agreement is often utilized when the other party (whether a person or an entity) has purchased the certain intellectual property, such as trademarks, of the owner. And, in order for the other party to obtain the full ownership and all the rights that are entitled to him as the owner, the agreement between the two parties should be made. Therefore, trademark assignment is referred as the document that transfers the ownership from a person to another.
Trademark Assignment or Transmission Form
Trademark or Service Mark Assignment
Trademark Assignment or Change of Ownership
Standard Trademark Assignment Form
Trademark Assignment Form Template
The Importance of Trademark Assignment Form
The form for trademark assignment is mandatory in order for the two parties, such as the assignor and the assignee, engaged themselves in a comprehensive agreement. This is due to the fact that the agreement contains agreeable and considerable terms and conditions that both would concur. The agreement is finalized after both parties contemplate with each statement for trademark assignment. Otherwise, misunderstandings will result in multiple disputes between them. Therefore, the trademark assignment form should be complete with all the information that is essential. You may also like sample general agreement forms.
What Composes a Trademark Assignment Form?
In order to ensure the agreement’s effectivity, there is a few information that should be provided and indicated on the form. Refer below for what composes a trademark assignment form.
- The owner or the assignor’s information such as the name, the business structure or the state of incorporation, and the address.
- The other party or the assignee’s information such as the name, the business structure of the state of incorporation, and the address.
- The list of trademarks and service marks, and its identifying information.
- The date on which the agreement shall take effect.
- The specified statements that make the agreement.
- The witnesses’ personal information. (if necessary)
- The signatures from both parties and the date of when they have signed.
Therefore, in order for the assignee to acquire the entire rights and interest in the trademark/s in perpetuity, all these information must be secured. In addition to this, the agreement should be able to specify the terms and conditions with regard to the following:
- The assignment of the trademark/s.
- The trademark usage, execution, and delivery.
- The considerations that the owners have for the other party.
- The representations and warranty specifications.
- The limitation of liabilities that the assignee should take note of.
- The fees or payment for the attorney.
- The modification and/or amendment that should only be made by a written agreement containing the affixed signatures from both parties.
- The governing law that states that the agreement shall be governed by the laws of the country and the state of where the agreement has been made.
These are few of the terms and condition that should be specified in this contract assignment form for the trademark. You may download the forms provided for you in order to see the full document.
Basic Trademark or Service Mark Assignment
Fillable Trademark Assignment Form
Sample Trademark or Service Mark Assignment
General Trademark Assignment Form
Trademark Assignment Application Form
Basic Tips for Making an Agreement
When you involve yourself in an agreement with another party, there are a few things that you should keep in mind. Since an agreement is a negotiation between two or more people, you have to acknowledge your obligations and responsibilities. Refer to the list below for more basic tips and guidelines. You may also like the general agreement forms samples.
- When there are some statements that confuse you, ask for some assistance.
- Make sure that all the information that should be indicated on the form are provided.
- Do not be hesitant when there are some clarifications that are needed to be made.
- Ensure that you abide by the rules, terms, and conditions that are written in the form.
- Be sure to inform the other party when you need to make some modifications or alterations in the agreement form.
- Ensure that the signatures from both parties are affixed in the form, together with the date signed.
- The agreement should be taken seriously.
- Make sure that the terms and conditions of the agreement form are written comprehensibly.
- All the terms and conditions should be agreeable or considerable to both parties.
- Resolve the disputes that might occur as soon as possible.
- If in case that disputes cannot be resolved by any of the two parties, an arbitrator must be sought.
These basic tips could serve as your first steps when you involve yourself in an agreement with another person or an entity. In addition, refer to these downloadable forms in order to gain more understanding with regards to trademark assignment agreements. You may also like sample agreement forms.
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