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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Do trademark assignments need to be notarized?
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required. Once as assignment has been executed, it should be recorded.
Do patent assignments need to be witnessed?
Most patents are transferred as-is, but some patent assignment agreements have warranties and indemnities to protect the parties involved. Notarization. For a patent assignment agreement to be valid in the U.S., it must be notarized or at least signed in front of two witnesses.
Can an unregistered trademark be assigned?
Section 39 stipulates that an unregistered trademark may be assigned or transmitted with or without the goodwill of the business concerned. A request has to be made on Form TM-16 for an unregistered trademark to be assigned or transferred.
What does owning a trademark mean?
A trademark (also written trademark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
Can a trademark have two owners?
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. The joint ownership of a trademark is a difficult legal area, as trademarks identify a single originator of goods or services.
Can you sell something that is trademarked?
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases -- even against a small, localized business.
Should I trademark before selling?
There is one good reason to register your trademark right away: delaying your application increases the risk of infringement. To ensure you retain the rights to your trademark you should consider filing an application now, even if your product is not yet market-ready.
Can you trademark an LLC?
The name of a limited liability company, or LLC, can be trademarked, provided no one has established a trademark of that name first. A trademark can assure no one uses the same or similar name to identify knockoff products or services that could be mistaken for those company provides.
Is a trademark the same as an LLC?
LLC is good for the legal protection. LLC is far more useful and valuable than a trademark. You don't need a trademark to necessarily protect yourself. If you own an LLC company with a logo of the company name and sell a product, people can't just steal your exact name/logo design even if you don't have a trademark.
Does an LLC protect your business name?
Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there's nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.
How do you change ownership of a trademark?
Use Electronic Trademark Assignment System (ETAS) to request the change.
If you're filing a TEAS form within the next week, you may need to manually update the owner information on the TEAS form.
Can patents be transferred?
A patent assignment is a document transferring ownership of the patent application from one person/entity to another. It's possible to have a second assignment recorded for the same patent filing where the first company may transfer ownership to a second company or to an individual.
How much does it cost to trademark a name and logo?
The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $$225600 as of January 2017, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.
How much does it cost to trademark a word?
You may be able to obtain state trademark registration for $$100200. Federal trademark registration extends your protection nationwide and offers other important advantages, but it typically costs more: $$275375 for each class of goods and services that you want to protect.
How do you get a trademark approved?
Step 1: Determine whether you need a trademark.
Step 2: Identify your mark.
Step 3: Decide if you need an attorney.
Step 4: Show 'em the goods.
Step 5: Ensure you're not copying anyone.
Step 6: Know your basis for filing.
Step 7: File the trademark application.
Step 8: Sweet success.
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