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Do I need to notarize my Trademark Assignment? If you plan to register your trademark in a foreign country, it's necessary to have a notary public notarize the signatures on the Trademark Assignment. Otherwise, it is not mandatory to notarize it to make the transfer legally accepted within the US.
The trademark assignment should include: name and address of the new owner (assignee); if the assignee is a company, the type of entity and state of incorporation; specific details of the trademark application(s) and/or registration(s) to be transferred; and.
Type or print in blue or black ink. Mail the assignment with original signatures and filing fee of $30.00 to the Secretary of State, Trademark Unit, P.O. Box 942870, Sacramento, CA 94277-2870.
To assign ownership to another party, there needs to be a contract agreement between the current owner (the 'assignor') and the proposed owner (the 'assignee'). This agreement will need to be signed by an authorised person.
So, getting your Federal trademark comes down to meeting the same four trademark requirements: No conflicts with other trademarks. Trademark distinctiveness. Use in commerce. The capability to be a source identifier.
Assignment means transferring rights, interests, titles and benefits from one person to another. Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.
In the context of trademark law, consideration refers to something of value exchanged between parties involved in a contract. To meet the consideration requirements, both parties must agree on the terms and conditions of the assignment, including any contractual obligations.
On the “Assignment application options” page, click “Start new trademark assignment” to start your assignment application. Provide “multiple assignment” information. You must select “Yes” or “No”. If “No”, this filing will not be included with other assignment filings.
Under subsection (a), a transfer of copyright ownership (other than one brought about by operation of law) is valid only if there exists an instrument of conveyance, or alternatively a “note or memorandum of the transfer,” which is in writing and signed by the copyright owner “or such owner's duly authorized agent.”
While copyright law does require assignments to be in writing and signed, it generally doesn't mandate notarization for validity. However, having the document notarized can provide an added layer of verification, ensuring that the signatures are genuine and that both parties entered the agreement willingly.
Though the agreement is a legal document, it does not need to be notarized. However, obtaining notarization for the signatures provides added protection, limiting the risk of a party later claiming a signature was not valid.