How to Transfer a Trademark

by Marilyn Lindblad

A trademark is a brand name. The brand can include a word, a symbol, a device or a combination of those elements. A trademark becomes valuable when consumers associate the brand with certain goods or services. Trademarks can be sold and transferred from one owner to another through a process known as assignment. The process involves creating an assignment agreement and recording the agreement with the U.S. Patent and Trademark Office.

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Step 1

Prepare a trademark assignment agreement between the assignor and the assignee, and obtain both parties' signatures on the agreement. The assignor is the individual or company that owns the trademark, and the assignee is the individual or company that is acquiring it. The agreement should identify the parties and the trademark being transferred and should include other details that the parties have agreed on, such as how much the assignee is paying for the trademark, which party will pay the transfer fee, and how the parties will settle any disputes about the assignment agreement.

Step 2

Complete a Recordation Form Cover Sheet, form PTO-TM-1594, which is available on the PTO website. To complete the form, you will need information about the parties and the trademark being transferred. You will also need to provide the name and address of an agent to receive information about the trademark.

Step 3

Record the signed trademark assignment agreement and the Recordation Form Cover Sheet with the Assignment Recordation branch of the PTO. You may file the assignment and pay the recording fee electronically, by fax or by postal mail. If you record the transfer electronically or by fax, you must first create and deposit funds into a deposit account with the PTO to pay the recording fee. If you record by mail, you may include a check or money order made payable to Director of the U.S. Patent and Trademark Office.