Trademark Transfer/Assignment

When trademark ownership is transferred, this is referred to as an assignment To properly transfer ownership of your
trademark, you will need to complete an assignment agreement between the two parties and then file this assignment
with the USPTO.

This document will spell out the terms of the transfer, such as what rights are being assigned, the payment terms, and
any warranties and representations from the current owner of the mark.

This agreement must be signed by both parties and is legal and binding.

Transferring trademark ownership starts at $279 (by experienced attorney)

Transfer Trademark Ownership

trademark-icon1

Online Questions

Fill out your information online – All
information provided to us will be
kept in absolute confidentiality.

LegalForce Does the Rest

All processes are performed in a
timely manner by experienced
attorneys.

Filed and Done.

Your agreement will be filled with
the U.S. Patent and Trademark
Office (USPTO).

Trademark Ownership Transfer - Trademark Assignment

Why is it important to properly transfer ownership of your trademarks?

If you fail to properly assign your marks and the successor party infringes the rights of another trademark, you would receive the cease and desist letter because,
according to the USPTO records, you still technically own the trademark. You would likely be able to get out of the dispute by proving you are no longer involved,
but it would be an additional complication and unnecessary headache you should avoid.

Conversely, you could end up in an ownership battle if you purchase the rights and interest in a trademark and fail to properly record the assignment with the
USPTO. Even if the trademark transfer document has been signed and money changed hands, if the assignment has not been recorded with the USPTO, then the
prior owner still technically owns the trademark.

Trademark assignments are important not only when you sell your intellectual property to a third party, but also when your business undergoes a reorganization.
Perhaps you originally filed in your name as an individual, but have since formed a limited liability company (LLC). If you were to later file a new application for a
similar-sounding trademark under your LLC, you may potentially receive a refusal for likelihood of confusion with the mark held by the individual — even if both
marks are owned by related parties! By assigning the trademarks to the LLC, you would avoid the expense of filing a response to an otherwise unnecessary Office
Action.

Additionally, assigning the rights to your company gives the company a legitimate right to make, use, sell, and advertise the goods or services covered by the
mark. If you don’t assign the rights, then you would need to license the rights, which would create a substantial amount of work compared to a simple assignment
of rights. Further, by assigning your trademark rights to your company, you build asset valuation in the company, making it more attractive to both investors and
lenders.