Can I transfer my trademark to someone else?
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (“assignor”) that transfers ownership of the trademark to a new owner (“assignee”).
How do I change the owner of a trademark?
To apply for trademark assignment, follow the below step by step process:
- Application for Trademark Assignment. …
- Filing of TM-P form. …
- Submission of Documents. …
- Processing of the application. …
- Advertisement of the Assignment. …
- Approval of the Assignment.
How much does it cost to transfer trademark?
Trademark Transfers Come In Many Shapes and Sizes
Once the nature of the transfer has been properly memorialized between the parties, the trademark transfer must be documented and recorded with the USPTO. The government filing fee is associated with the transfer is presently $40.
How do you take over a trademark?
If you want rights to an abandoned trademark, the best action is to obtain a federal registration with the USPTO. You can do this by filing an online application on the USPTO’s website, which includes your contact information, a drawing of your mark, a description of the associated goods or services and a filing fee.
How long does it take to transfer ownership of trademark?
The Process of Trademark Transfer
Once this agreement is signed by both parties, you can record the transfer with the USPTO using a simple online form. You will also need to send in a copy of the executed transfer agreement. With online filing, the transfer is typically processed within one business day.
Who owns a trademark?
Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.
Can a trademark be sold?
Selling a Trademark
Unlike patents, trademarks are associated with a product or a business and are not sold outright. Trademark ownership can be transferred along with ownership of the business or product the trademark represents.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do I transfer a brand name?
Step 1: Making an Application For Trademark Assignment, either the assignee or the assignor of the trademark can make an application requesting the same. However, it can also be a joint request by both the assignor and the assignee for effectuating such a transfer.
Is there an annual fee for trademarks?
The answer is that no. Most countries recognize your trademark registration for 10 years and you can renew it for another 10 years, and then another 10 years, and then another 10 years.
Can a trademark have two owners?
Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
Can you fight a trademark?
How can I challenge a trademark registration or application? … You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
What happens if you don’t use a trademark?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
What happens if I don’t use my trademark?
That means “If you don’t use it, you lose it!” Since trademark ownership is contingent upon active use, owners must submit proof of continued use to the USPTO between years five and six after registering. Non-use of a trademark for three consecutive years is considered abandonment unless proven otherwise.