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.

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.

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.

Protect your brand. Register My Trademark Now

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.

Protect your brand. Register My Trademark Now
The Difference Between Assignment Transfers & Copyrights

References

Related articles

How to Register a Service Mark

A trademark is a logo or a phrase identifying particular goods sold in commerce; a service mark, by contrast, is a logo or phrase that identifies particular services offered by an individual or business. The terms "trademark" and "service mark" are often used interchangeably, and the process for registration of both types of marks is identical. Applying for a service mark can be very intensive due to the need to perform a thorough background search to make sure that the proposed service mark is not in use. Before attempting to register a service mark on your own, you should contact an online document preparation service or an attorney for legal counsel.

Trademark Violations & Customs

According to the U.S. Patent and Trademark office, a trademark includes "any word, name, symbol, device or combination, used to identify and distinguish the goods or services of one seller or provider from those of others." Trademark infringement can occur when importing a good into the United States. In these cases, the U.S. Immigration and Customs Enforcement office may become involved.

What Does "Date of First Use" Mean on a Trademark?

The first company to use an trademark secures exclusive ownership rights in the trademark. The "date of first use" refers to the date a trademark owner uses an original mark to identify his goods or services in the marketplace. A trademark includes an original mark, sign, symbol, word or design -- or a combination of words, phrases or designs -- to identify and distinguish a company's goods and services from its competitors. Trademarks help the general public identify their preferred products in the marketplace. The exclusive trademark rights depend on the originality of the mark and the date of first use in commercial trade.

File a Trademark Online. LegalZoom. Learn More.

Related articles

What Does Assignment Recorded Mean for Trademark?

A trademark is an intellectual property asset that can be bought and sold. When the trademark owner sells her mark, she ...

What Are the Four Parts to Obtaining a Trademark?

Your trademark tells your customers that your products come from you. It distinguishes your goods and services from ...

Selling a Trademarked Logo

Although it was 1584 when one of the first trademark infringement cases occurred, the word "logo" dates back ...

How to Register a Trademark in Canada

You must register your company's trademark in Canada to protect against unauthorized use. A trademark is a specific ...

Browse by category
Ready to Begin? GET STARTED