What is a trademark assignment and when is it necessary?

A trademark assignment is an agreement that transfers the ownership of a trademark from one party to another. This type of agreement is generally necessary when a business changes ownership, when a business is selling or licensing products using a specific trademark, or when a business needs to transfer the ownership of a trademark to another party. In New York, trademark assignments must meet certain criteria in order to be valid. Generally, trademark assignments must be in writing, they must specify clearly who is transferring the trademark rights and who is receiving them, and they must include a detailed description of the trademark. It is also important to note that if the trademark has already been registered with the United States Patent and Trademark Office (USPTO), then an assignment record should also be filed with the USPTO. Finally, trademark assignments should be notarized before they can be used in court. This ensures that all parties involved have fully agreed to the terms of the assignment and that it is legally binding. It is important to note that if a trademark assignment is not properly executed and notarized, then it may not be accepted by the courts.

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What is a trademark assignment and when is it necessary?

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