When you sell your business or a trademarked item, if you change the type of business entity that you operate as, or if you change the name of your business you must inform the U. S. Patent and Trademark Office of that change. This regulation applies to pending applications and approved trademarks.When do you have to change ownership of a trademark?
The primary change that necessitates a change in the ownership of a trademark is a change in the entity that owns the trademark. This means a sale, a change in personnel, a change in business type, a court order, or a name change. If you change you name through marriage you must make the change in ownership of the trademark known so that you maintain all the benefits that a trademark entitles you to.If you want to find out more about US patent attorney don’t hesitate to contact intellectual property law firms. Change in trademark ownership is vital when a person decides to retire and leave their business and trademarks to their heirs. People that own trademarks should adjust their wills to define who receives ownership of the trademark in the event of their untimely death. The simple idea is protection of a source of income.
A trademark owner that assigns the use of a trademark to another business must also go through the process of informing the U. S. Patent and Trademark Office of that change. The change in information prevents lawsuits and legal complications for both parties.
How and where to file a change in trademark ownership
The U. S. Patent and Trademark Office has a procedure allows you to make the necessary changes electronically at their web site or through a paper change of assignment. You basically change the name of the trademark owner to the new owner’s name using the web site or the paper form.
Web based changes have significant advantages over paper changes. You will use the Electronic Trademark Assignment System if you opt for electronic change in assignment of a trademark. The initial page of this site gives you a menu of all the changes in assignment that are possible. You simply click the appropriate change and fill out the form.
You may be required to submit documents that pertain to the change in ownership if they are required. You pay a $40 fee for the change to the first trademark and $25 for all additional trademark changes. It is to your advantage to accomplish all changes on one form if possible. The fees can be paid electronically.
The normal wait time for an electronic filing change in assignment to occur is one business day. The change may not be officially reflected on the trademark document for seven business days.
The process can be done through paper by contacting the U. S. Patent and Trademark Office and requesting the correct form. The delay for mailing makes the paper process longer.
The change in assignment is not necessarily automatic. You must check with the U. S. Patent and Trademark Office to be sure all of the necessary documents have been received and filed. Use the website to find out if the change happened and if the change has not occurred in a week notify the U. S. Patent and Trademark Office.
Trade mark law varies from state to state and you are obliged to notify the state of any assignment change when you make the change.