how to change trademark ownership [Updated]



Last updated : Aug 29, 2022
Written by : Alanna Papasergi
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how to change trademark ownership

Can there be two owners of a trademark?

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.

How do I remove a name from a trademark?

If personally identifying information, such as your name or address, has been disclosed in the public record for an application or registration that you're not involved with, please email an informal request to TMPolicy@uspto.gov to have it removed from the record.

How do I transfer ownership of a trademark in India?

  1. Step 1: Application for trademark assignment. Application for assignment can be made by the assignor or by the assignee or by both.
  2. Step 2: Filing Form TM-P.
  3. Step 3: Documents submission.
  4. Step 4: Application processing and advertisement of assignment.
  5. Step 5: Approval.

How do you update a trademark?

If it can't be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

Can I let someone use my trademark?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

Can multiple people have the same trademark?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can a trademark name be changed?

The trademark as a whole cannot be changed. It will be covered under a new trademark application. The list of goods and services included in the trademark can be limited but they cannot be extended.

How do you sell a trademark?

Once you have trademarked your company's name, you can sell or transfer your trademark at any time. You will have to find a buyer and arrange a price yourself. Once you have a buyer, selling your trademark requires you to file paperwork with the U.S. Patent and Trademark Office.

Can a trademark be bought or sold?

Selling a trademark, also known as trademark assignment, is the act of transferring ownership of a trademark in your name to another person. A trademark sale is possible in India. Through the trademark assignment process, the owner of a trademark can sell it to any individual or legal body.

Can trademark be transferred without consideration?

The Delhi High Court has held that even in case of non-receipt of consideration for assignment of the trademark by the assignor, unless the entry made in the Trademark Register is removed by the appropriate authority, the assignor has no right to infringe the same very mark which is assigned by him.

What happens when trademark owner dies in India?

Whenever the owner of the trademark i.e. the assignor dies, its ownership is passed on to the successors of the previous owners in a will or intestate. The condition is that the Trademark must be valid and should not have been abandoned by the previous owner.

How much does it cost to amend a trademark?

The official USPTO fee for filing an amendment is only $100. In many cases the associated arguments are short. There is not a large body of law on permissible changes to trademarks and it is not possible to search the USPTO record to determine if a trademark has been successfully amended.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

What happens if trademark is not renewed?

In the case of a person failing to renew a trademark, the registrar will issue an advertisement in the Trademark Journal indicating the removal of the trademark. After the period of the ten years if the trademark is not renewed the person still has the option of restoration, which means renewal itself but with a fine.

What happens if someone registered your trademark?

Section 135 of the Act provides relief in the civil suit of trademark infringement. The court can grant a permanent injunction preventing/restraining the person from using the registered trademark. The court can also award for paying the damages caused by the unauthorised usage of trademarks.

What happens if someone uses your trademark name?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

What happens when a trademark is used by someone else?

If you use someone's trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can you make money from trademarking?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.


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how to change trademark ownership


Comment by Daine Goll

hey this is attorney eels with potts weinstein and today we're going to talk about how to do the formal transfer of ownership of a trademark if you want a trademark and you need to have some one else or some other business own the trademark or some other legal entity owning the trademark you actually have to file something through the patent and trademark office this commonly happens for my clients either because they're selling their business altogether or because when they started they were just a sole proprietorship or general partnership and now they have an llc or corporation in that case you actually have to formally transfer the ownership of the trademark as an assignment so how do you do that go to the website of the united states patent and trademark office and then under trademarks you can if you go to the apply online section i know you're not applying for a trademark it will have all the different forms that you need and as the time that i'm recording this video number nine is the assignment forms this actually opens up an entirely different website called the e-t-a-s the electronic trademark assignment system this is where you're going to file your assignment forms click on that and you get to this page that has incredibly tiny text okay um that has the information about how this works so let's go ahead and start this there are a number of types of conveyances conveyance is just the fancy lawyer word for transferring ownership for selling something from one party another and by the way you'd have to be selling it for money can be just you transferring it from your sole proprietorship to the llc there's no money involved which is the transfer of the asset in exchange for membership shares of the llc so most of the time you're going to be doing this first one which is just assignment of the entire interest and goodwill involved with the trademark occasionally you're going to be doing something else so let's say you actually converted your sole proprietorship to an llc three years ago and you didn't do this okay but really it transferred back then so you want to backdate it how you backdate it is this the this assignment is now for then now for then which is you're doing the assignment paperwork now but actually the transfer occurred in the past so that's what you would click if you are trying to fix something that happened a while ago all this merger and conversion stuff is if you have changed from an llc in one state to analysis in another state or if you have converted from llc corporation that kind of thing court orders obviously if there's a court order corrective assignment is if you messed it up the first time and you have to fix it a lot of this other stuff is if the trademark is part of an estate of someone who's passed away or if you're using it as an asset as a security interest against a loan most of the time you're not going to be doing that kind of stuff so let's just say we're doing the first one the generic assignment of the entire interest in goodwill you can do by the way a bunch of trademarks at once it's much more efficient so if you have two three four five trademarks you can assign them all at the same time but here we're assuming you just have one so now we go to the next screen by the way as of the time of this recording these little buttons are not an intuitive place cancel is on the right next screen is on the most left that makes no sense to me why they designed it that way but i'm just warning you so next screen now we're putting in the correspondence information correspondence is just who do they contact it doesn't mean that you own it or that you're selling it or anything like that it's just who is the person the trademark office is going to contact if you screwed something up they need to ask somebody about it so here i'm going to put myself whoops you want to put in your email address so that way because you're going to get the information back um they really are in the united states government is really into fax numbers they're really into faxing things uh many of you i don't have a fax i actually do have an efax account so you can put in a fax number here you don't actually have to but the idea is if the email bounces it's a way for them to contact you and they're apparently going to do it by fax let's go to next screen conveying party this is the person who currently owns the trademark and is going to transfer it to somebody else to give it as a gift to sell it whatever so if you're a sole proprietor this is you as an individual if you have an llc and the llc is is um being converted into something else then it would be selling the business somebody else would be that so let's just say an individual let's say it's me elizabeth potts weinstein i don't put company necessarily because i'm doing the individual my citizenship i have to say where i'm at so i'm in california but if you're in a country that's outside the united states you put their country the date of execution i'm just going to put today's date and then you can add you can have more than one conveying part party let's say the trademark is currently owned by two people who created the business together and now they formed an llc so it'd be the two individuals who are transferring into the llc so add and go to the next screen a mistake that you can easily make is that the citizenship of an individual must be of the country type and the citizenship of a company is at the state time so i messed that up receiving party this is the person or business who is receiving the trademark so they're going to be the new trademark owner so let's say i'm transferring it to the to my corporation you see which is a corporation and it is a citizen of california if you have a dba or something you would enter that here i don't have a dba okay that's who's receiving is my corporation all right now you have to put the serial number of the trademark so this is a trademark i actually trademark application that i filed personally a long time ago and it actually didn't go through but it's one of mine now you have to attach the required legal document so when you do a transfer of a trademark when you sell or just transfer or gift a trademark it has to be done in writing it can't be done just by people talking so you have to create a document that does this assignment it might be part of some other document or it might be free standing it's pretty easy to do it freestanding since you're going to be filing it here and it's going to be a part of the public record so typically it's just a could be just one or two pages you may want to have it notarized you don't have to legally have it notarized for the trademark office but that can be helpful with other countries is the short version of that so you may want to go ahead and get notarized you can get things notarized for just like 10 or something like that at a ups store or somewhere in your neighborhood so let's say we're going to go ahead and attach a file here okay i just i just attached a blank piece of paper but you would want one that actually has something on it so now you are all now you are at the trade


Thanks for your comment Daine Goll, have a nice day.
- Alanna Papasergi, Staff Member


Comment by Gletax

Thanks for this interesting article


Thanks Gletax your participation is very much appreciated
- Alanna Papasergi


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