How do I transfer trademark ownership?
In Virginia, transferring trademark ownership is achieved through an assignment document. This document must be in writing and must specify the price at which ownership is to be transferred as well as the date on which the transfer will become effective. The assignment document must also include a description of the trademark, such as the registration number, and the name of the assignor and assignee. Additionally, the assignor should provide a certificate of good standing from the U.S. Patent and Trademark Office (USPTO). When the assignment document is complete, it must be recorded in the USPTO register. Filing the assignment with the USPTO requires completing and submitting an Assignment Recordation Form, which is available online. The form requires information such as the trademark registration number, the name of the assignor and assignee, and the assigned price. The assignee must submit the fee to record the assignment, and after the assignment is recorded, the USPTO will issue a certificate of ownership. It is important to note that, while the assignment document transfers trademark ownership, it does not transfer the goodwill associated with the trademark or the underlying services or goods associated with the trademark. For this to occur, the original owner and the assignee must enter into a separate agreement.
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