A thorough trademark assignment agreement is fundamental to facilitate a smooth and secure transfer of ownership rights, as it alters the legal landscape of the mark's entitlement and obligations. To avoid pitfalls, it's imperative to meticulously examine the chain of title, conduct thorough pre-assignment due diligence, and craft a precise assignment document that outlines the terms and conditions of the assignment. Clear and organized formatting, proper execution, and recording with the relevant trademark office are also indispensable. By following optimal practices, parties can reduce the risk of disputes and ensure a successful transfer of rights, and a deeper exploration of these topics can reveal additional nuances.
Table of Contents
Understanding Assignment Agreements
A trademark assignment agreement is a contractual document that effectuates the transfer of ownership rights in a trademark or service mark from one party, the assignor, to another, the assignee, thereby altering the legal landscape of the mark's entitlement and obligations. This agreement is a crucial instrument in facilitating the transfer of trademark rights, and its nuances must be carefully considered to avoid potential pitfalls.
There are various types of assignment agreements, including partial and complete assignments, as well as exclusive and non-exclusive licenses. Each type of agreement has distinct implications for the parties involved, and it is essential to understand the differences to ensure that the intended transfer of rights is achieved. For instance, a partial assignment may transfer only specific rights, while a complete assignment transfers all ownership rights. Furthermore, agreement pitfalls, such as ambiguities in the language or inadequate consideration, can lead to disputes and undermine the effectiveness of the assignment. A thorough understanding of assignment agreements is vital to navigate these complexities and ensure a successful transfer of trademark rights.
Determining Ownership and Rights
When determining ownership and rights in a trademark assignment, it is crucial to meticulously examine the chain of title to establish a clear and unbroken sequence of ownership. This process involves identifying key stakeholders, including prior owners, assignees, and licensees, to establish a thorough understanding of the trademark's history. By doing so, parties can accurately assess the scope of rights being transferred and avoid potential disputes or inconsistencies.
Establishing Chain of Title
A thorough review of all relevant documents and records is crucial to establish a clear chain of title, which involves tracing the sequence of ownership and rights transfers from the original creator or owner to the current holder. This process entails a meticulous examination of title history, ensuring that all assignments, licenses, and other agreements are properly documented and recorded. Document retention is critical in this regard, as it enables the verification of ownership and rights transfers.
A comprehensive review of title history helps identify any gaps or discrepancies in the chain of title, which can be rectified through the execution of corrective documents or the procurement of missing records. It is essential to maintain a centralized repository of all relevant documents, including assignments, licenses, and other agreements, to facilitate easy access and review. By establishing a clear chain of title, trademark owners can ensure the integrity and validity of their intellectual property rights, thereby protecting their brand identity and reputation.
Identifying Key Stakeholders
To safeguard the integrity of trademark ownership and rights, it is necessary to identify key stakeholders, including creators, inventors, assignors, and licensees, to determine their respective responsibilities and interests in the intellectual property. This critical step guarantees that all parties involved in the trademark assignment process are aware of their obligations and duties.
A thorough stakeholder analysis is vital to identify key individuals and entities with a vested interest in the trademark. This includes:
Creators and inventors who developed the trademark
Assignors who transferred ownership of the trademark
Licensees who have been granted permission to use the trademark
Legal representatives responsible for managing the trademark portfolio
Business stakeholders who rely on the trademark for commercial operations
Pre-Assignment Due Diligence
Prior to executing a trademark assignment, it is vital to conduct a thorough pre-assignment due diligence to guarantee a smooth and secure transfer of rights. This critical step involves verifying the ownership status of the mark, conducting an exhaustive trademark search, and analyzing the chain of title to identify any potential issues or defects. By doing so, parties can mitigate risks and confirm that the assignment is valid and enforceable.
Verify Ownership Status
A thorough review of the trademark's chain of title is crucial in verifying ownership status, as it confirms that the assignor possesses the legal right to transfer the mark. This process involves examining public records, hidden liens, and other documentation to confirm the assignor's ownership is free from encumbrances.
To verify ownership status, consider the following:
Review trademark office records to confirm the assignor's name and address
Check for any pending or registered trademarks that may be similar to the assigned mark
Investigate UCC filings and other public records for hidden liens or security interests
Examine contracts, agreements, and licenses that may impact ownership
Verify the assignor's authority to transfer the mark, including reviewing corporate resolutions and minutes, thereby validating the transfer of ownership.
Conduct Trademark Search
Conducting a thorough trademark search is vital pre-assignment due diligence to uncover potential issues that could impact the validity or enforceability of the assigned mark. A meticulous search strategy is necessary to identify potential conflicts, verifying that the assigned mark does not infringe on existing trademarks. This involves searching federal and state registers, as well as common law sources, to identify identical or similar marks that could pose a risk.
Effective search strategies include leveraging online databases, such as the United States Patent and Trademark Office's (USPTO) Trademark Electronic Search System (TESS), and conducting a thorough review of relevant industry publications and websites. It is also vital to examine international trademark registrations, as they may impact the validity of the assigned mark. A thorough search enables brand clearance, confirming that the assigned mark is available for use and registration. By conducting a thorough trademark search, potential issues can be identified and addressed prior to assignment, mitigating the risk of costly disputes or litigation .
Analyze Chain of Title
To secure a valid and secure trademark assignment, it is vital to meticulously analyze the chain of title, verifying the assignor's ownership and documenting the transfer of rights to prevent potential disputes or challenges to the assignment's validity.
Analyzing the chain of title involves tracing the ownership history of the trademark, from its creation to the present day. This process can be complex, especially when dealing with multiple assignments, mergers, or acquisitions. It is imperative to carefully review the title history to identify any gaps or inconsistencies that could impact the validity of the assignment.
Key aspects to examine during the analysis include:
Reviewing all prior assignments, mergers, and acquisitions to establish a clear and unbroken chain of title
Verifying the assignor's ownership and authority to assign the trademark
Identifying any potential chain complexity issues, such as multiple concurrent assignments or conflicting interests
Examining the title history for any potential defects or irregularities
Confirming that all necessary documents are properly executed and recorded
Drafting the Assignment Document
Carefully crafting the assignment document is vital, as it serves as a legally binding instrument that transfers ownership of the trademark from the assignor to the assignee. This document must be drafted with precision to facilitate a smooth and effective transfer of rights.
When drafting the assignment document, it is necessary to include detailed assignment clauses that clearly outline the terms of the transfer. These clauses should specify the mark being assigned, the effective date of the assignment, and the consideration exchanged. Additionally, the document should clearly identify the assignor and assignee, including their respective addresses and contact information.
Proper document formatting is also key to facilitate that the assignment document is easily readable and understandable. The document should be formatted in a logical and organized manner, with clear headings and concise language. This will facilitate review and execution of the document by the parties involved. By carefully drafting the assignment document, parties can guarantee a successful transfer of trademark ownership and avoid potential disputes or controversies.
Executing and Recording Assignments
Upon completion of the assignment document, the assignor and assignee must execute the agreement by signing the document in the presence of authorized witnesses or notaries, as required by applicable law. This validates the authenticity and validity of the assignment.
Next, the executed assignment document must be recorded with the relevant trademark office, such as the United States Patent and Trademark Office (USPTO). This is a critical step in perfecting the assignment and providing public notice of the change in ownership.
Some vital considerations for executing and recording assignments include:
Certifying the assignment document is properly notarized or witnessed, as required by applicable law
Filing the assignment document with the relevant trademark office, such as the USPTO
Paying the required filing fee for the assignment
Providing a clear and concise description of the assigned trademark rights
Maintaining a thorough and organized record of the assignment filing and recordation processes
Post-Assignment Obligations and Updates
Following the recordation of the assignment, the assignee is typically obligated to update the trademark office concerning changes in the assigned trademark rights. This vital step maintains the integrity of the trademark registry by informing the relevant authorities of the transfer of ownership. To fulfill this obligation, assignees must implement effective recordkeeping strategies, which involve maintaining accurate and up-to-date records of the assigned trademarks, including documentation of the assignment agreement, recordation certificates, and any subsequent changes to the mark.
Furthermore, assignees must conduct regular compliance reviews to verify that all post-assignment obligations are being met. These reviews should cover aspects such as trademark use, licensing agreements, and maintenance filings. By conducting regular compliance reviews, assignees can identify and address any potential issues before they become major problems. Effective recordkeeping strategies and compliance reviews are vital for maintaining a robust trademark portfolio and guaranteeing that the assigned trademarks continue to provide the desired level of protection and value.
Managing International Assignments
In the realm of international trademark assignments, a nuanced understanding of jurisdictional variations in assignment procedures and documentation requirements is crucial to ensure seamless and legally binding transfers of ownership. Failing to account for these differences can lead to costly delays, invalid assignments, and even litigation.
When managing international assignments, it is essential to consider the following key factors:
Jurisdictional Challenges : Be aware of the unique legal and regulatory requirements of each country, including language and formatting specifications for assignment documents.
Cross Border Strategies : Develop a comprehensive strategy that takes into account the varying laws and regulations of multiple jurisdictions, ensuring consistency and compliance across borders.
Local Counsel Involvement : Engage local counsel to provide expertise on jurisdiction-specific requirements and ensure that all necessary formalities are satisfied.
Language and Translation : Ensure accurate translation of assignment documents to avoid errors or misinterpretations that could compromise the validity of the assignment.
Recordal and Registration : Verify that the assignment is properly recorded and registered with the relevant intellectual property offices to secure the new owner's rights.
Frequently Asked Questions
Can multiple trademarks be assigned in a single agreement?.
Yes, multiple trademarks can be assigned in a single agreement through a process called trademark bundling, which involves consolidating multiple marks into one assignment strategy, streamlining the transfer process and reducing administrative costs.
What Is the Role of a Notary in the Assignment Process?
In the assignment process, a notary plays a vital part by authenticating the identity of parties involved and verifying the signature on the assignment document, facilitating notary verification and subsequent public recordation of the assignment.
Are Trademark Assignments Subject to Sales Tax or Vat?
In general, trademark assignments are not subject to sales tax or VAT, as they involve the transfer of intangible rights rather than tangible goods, thereby minimizing tax implications and financial obligations.
Can a Trademark Be Assigned to a Trust or Holding Company?
A trademark can be assigned to a trust or holding company, offering Trust benefits such as asset protection and separation of personal and business liabilities, while providing centralized management and control over the intellectual property asset.
Do Assignment Agreements Need to Be in the Original Language?
In general, assignment agreements need not be in the original language, but language barriers can lead to misunderstandings. To avoid disputes, consider translating agreements to facilitate clarity, albeit at additional translation costs.
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Trademark Assignment
A Trademark Assignment is a document used when one person owns a registered trademark (like a brand name or logo ) and wishes to transfer the ownership of that trademark to another person. Written Trademark Assignments are important, as it's best for both parties to have a memorialized record of the assignment.
Trademark Assignments allow the easy transfer of the mark. They contain all the information needed to record the assignment with the United States Patent Office (USPTO) . Recordation with the USPTO is necessary for all registered trademarks that are being transferred, and it is a good way to ensure everything flows smoothly with the assignment.
This is different than a Licensing Agreement , as here, the entirety of the mark is being transferred to a new party. In a Licensing Agreement, the mark still belongs to the original owner, but the other party pays royalties for permission to use it.
This is also slightly different than an Intellectual Property Release . Although that form could be used for a trademark, generally it is used for copyrighted material, like works of art or pieces of music. In that case, payment is not made and instead, the copyrighted works are simply "released," or given, to another party.
This document can also be distinguished from an Intellectual Property Permission Letter , as there, one party is writing to request permission to use the intellectual property of another. A Licensing Agreement or Intellectual Property Release or even Trademark Assignment could come after the Intellectual Property Permission Letter, but that is not a formal legal document, and is instead, a template for a letter to be used to have the initial conversation about intellectual property use.
How to use this document
This document can be used to transfer the ownership of an existing trademark or when an individual would like an existing trademark transferred to them, as long as the owner agrees. It should be used when both parties understand that the trademark will be completely assigned (in other words, this is not a license, as noted above, and no royalties will be due after the assignment) and wish to create a record of their agreement.
This document will allow the parties to fill in details of the mark to be transferred, as well as ensure that everything needed for recordation with the USPTO is present. Either party - either the person assigning the trademark or the person receiving the trademark - can fill out this form.
Once the form is complete, the parties can undertake the following steps:
1) Sign and execute the form in front of a notary (both parties)
2) Have the notarization completed
3) Record the Trademark Assignment with the United States Patent and Trademark Office
Applicable law
Trademark Assignments are related to the trademark law of the United States, which is covered by a federal statute called the Lanham Act. The section of the Lanham Act specifically referring to assignments is 15 U.S.C. § 1060(a).
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A guide to help you: How to Register A Trademark
Trademark Assignment - FREE - Template - Word & PDF
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This trademark assignment is between , an individual a(n) (the " Assignor ") and , an individual a(n) (the " Assignee ").
The Assignor is the owner of certain intellectual property rights, including the trademarks listed on Exhibit A , and all goodwill of any business connected to or symbolized by those (collectively, the " Trademarks ").
The Assignor wishes to sell to the Assignee all of its interest in the Trademarks.
The parties therefore agree as follows:
1. ASSIGNMENT OF TRADEMARKS.
The Assignor hereby sells its entire and exclusive interest in:
(a) the Trademarks;
(b) the registrations of and applications for registrations of each Trademark;
(c) the goodwill of any business connected with or symbolized by each Trademark;
(d) income, royalties, and damages payable to the Assignor and related to the Trademarks, including payments for past or future infringements or misappropriations of the Trademarks; and
(e) all rights to sue for past, present, and future infringements or misappropriations of the Trademarks.
2. PAYMENT.
As consideration for the assignment of the Trademarks and the Assignor's representations, the Assignee shall pay the Assignor , to be paid within days of the effective date of this assignment.
3. RECORDATION.
In order to record this assignment with the United States Patent and Trademark Office, within hours of the effective date of this assignment, the parties shall sign the form of trademark assignment agreement attached as Exhibit B . The Assignor Assignee is solely responsible for filing the assignment and paying any associated fees of the transfer.
4. NO EARLY ASSIGNMENT.
The Assignee may not assign or otherwise encumber its interest in the Trademarks or any associated trademark registrations until it has made the payment in subsection (a) to the Assignor. Any assignment or encumbrance contrary to this provision shall be void.
5. ASSIGNOR'S REPRESENTATIONS.
The Assignor hereby represents to the Assignee that it:
(a) is the sole owner of all interest in the Trademarks;
(b) has not assigned, transferred, licensed, pledged, or otherwise encumbered the Trademarks, or agreed to do any of these;
(c) has full power and authority to enter into this assignment and make the assignment in section 1;
(d) is not aware of any violation, infringement, or misappropriation, or claim of any of these, of any third party's rights by the Trademarks;
(e) is not aware of any third-party consents, assignments, or licenses that are necessary to perform under this assignment;
(f) was not acting within the scope of employment of a third party when conceiving, creating, or otherwise performing any activity related to, the Trademarks.
The Assignor shall immediately notify the Assignee if any facts or circumstances arise that would make any of these representations inaccurate.
6. ADDITIONAL DOCUMENTS.
On request, the Assignor shall:
(a) provide the Assignee with a complete copy of all documentation (in any format) relating to the Trademarks for the Assignee's own use, to meet record-keeping requirements of the Assignee, or to allow the Assignee to assert its rights as granted under this assignment; and
(b) execute and deliver to the Assignee any additional papers, including any separate assignments of the Trademarks, and perform all lawful acts necessary to record the assignment in the United States and throughout the world.
7. INDEMNIFICATION.
The Assignor shall indemnify the Assignee from:
(a) any third-party claim that a Trademark or its use, assignment, sale, or reproduction infringes or misappropriates a trademark, trade secret, or other intellectual property;
(b) any third-party claim that this assignment conflicts with or breaches any agreement, encumbrance, or other obligation to which the Assignor is a party or of which the Assignor has knowledge;
(c) any claim relating to any past, present, or future use, licensing, distribution, marketing, disclosure, or commercialization of a Trademarks by the Assignor; and
(d) any litigation, arbitration, judgments, awards, attorneys' fees, liabilities, settlements, damages, losses, and expenses relating to (a), (b), or (c) above.
(1) the Assignee promptly notifies the Assignor of that claim;
(2) the Assignor controls the defense and settlement of that claim;
(3) the Assignee cooperates fully with the Assignor in connection with the Assignor's defense and settlement of that claim; and
(4) if requested by the Assignor, the Assignee stops all sales, distribution, and public use of the infringing Trademarks.
(1) obtain the right for the Assignee to continue to use the infringing Trademark;
(2) modify the infringing Trademark to eliminate the infringement (if possible);
(3) provide a substitute noninfringing Trademark to the Assignee under this assignment (if possible); or
(4) refund the amounts paid to the Assignee under this assignment for the infringing Trademark, on terms and conditions agreeable to the parties.
(c) The Assignor will have no other obligations or liability if infringement occurs, and will have no other obligation to indemnify the Assignee in case of infringement. The Assignor will not be liable for any expenses incurred without its prior written authorization and will have no obligation to indemnify the Assignee if the infringement is based on: (1) any modified form of the Trademarks not made by the Assignor or (2) the laws of any country other than the United States of America or its states.
8. GOVERNING LAW.
(a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .
9. COUNTERPARTS; ELECTRONIC SIGNATURES.
(a) Counterparts. The parties may execute this assignment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
(b) Electronic Signatures. This assignment, agreements ancillary to this assignment, and related documents entered into in connection with this assignment are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
10. SEVERABILITY.
If any one or more of the provisions contained in this assignment is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this assignment, but this assignment will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this assignment to be unreasonable.
11. NOTICES.
(a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this assignment shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this assignment: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
(b) Addresses. A party shall address notices under this section to a party at the following addresses:
If to the Assignor:
,
If to the Assignee:
(c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
12. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this assignment will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
13. HEADINGS.
The descriptive headings of the sections and subsections of this assignment are for convenience only, and do not affect this assignment's construction or interpretation.
14. EFFECTIVENESS.
This assignment will become effective when all parties have signed it. The date this assignment is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this assignment.
15. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this assignment contemplates or to evidence or carry out the intent and purposes of this assignment.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this agreement on the date stated opposite that party's signature.
Date: ________________
__________________________________________
Name:
Date:_________________
__________________________________________
Name:
[PAGE BREAK HERE]
EXHIBIT A LIST OF TRADEMARKS
add border
EXHIBIT B FORM OF RECORDABLE TRADEMARK ASSIGNMENT
For good and valuable consideration, the receipt of which is hereby acknowledged, , an individual a(n) (the " Assignor ") hereby assigns to , an individual a(n) (the " Assignee ") all of the Assignor's interest in the trademarks, including the appurtenant goodwill associated with those trademark registrations and applications identified in Attachment A , and the Assignee accepts this assignment.
Each party is signing this agreement on the date stated opposite that party's signature.
Date: ________________________
__________________________________________
Name:
NOTARIZATION:
Date: ________________________
__________________________________________
Name:
NOTARIZATION:
ATTACHMENT A [TO EXHIBIT B] INTELLECTUAL PROPERTY
Free Trademark Assignment Template
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Trademark assignment: How-to guide
Trademark assignments are important tools in the complicated world of intellectual property that allow trademark owners to easily transfer their ownership rights from one business to another. Trademark assignment is essential for both corporate transfers of brand assets and individual inventors wishing to safeguard their intellectual property.
The article serves as a helpful manual to assist readers in accurately navigating the formal process of trademark assignment. It goes deep into procedural details and legal requirements, producing an extensive guidebook intended to assist both people and organizations. It also emphasizes how utilizing a trademark assignment template may be extremely simple, enabling stakeholders to transfer trademark ownership and rights with confidence and efficiency.
What is a trademark assignment?
A trademark assignment is a legally binding agreement in which the owner of a trademark (the assignor) transfers its rights to another person (the assignee) through a trademark application at the United States Patent and Trademark Office (USPTO). This transfer includes all related rights, including the ability to use, license, and enforce the trademark.
By signing a trademark assignment agreement, the assignor transfers ownership of the trademark, and the assignee gains all authority and control over it. This process makes it possible for ownership to be transferred in a clear, legal manner, providing certainty to both parties regarding their respective rights and obligations.
The legal process involved in assigning a trademark includes several key steps.
Drafting the assignment: Create a detailed trademark assignment agreement that specifies all of the transfer's terms and conditions. This agreement must abide by all relevant intellectual property laws and regulations.
Executing the assignment: After the agreement is written, both parties must execute it by the law, which may involve notarization or the presence of a third-party witness.
Recordation of the assignment : After execution, the assignee usually sends the agreement to the appropriate authority or patent and trademark office for trademark registration and recording, together with any necessary supporting papers. The act of formally registering or documenting the transfer of ownership of a specific object or piece of property with the relevant authorities is known as recording. Recordation ensures that the necessary legal entities formally acknowledge the transfer of ownership or rights when an assignment occurs, such as with real estate, intellectual property rights, or other assets.
Ensuring the legality and enforceability of the assignment throughout this procedure requires compliance with the legal formalities and pertinent rules.
How much does it cost to file a trademark assignment?
Legal aid may be required in addition to administrative expenses when filing a trademark application. The jurisdiction, the difficulty of the task, and whether or not legal aid is retained all affect the real expenses.
The applicable trademark agency or authority, the United States Patent and Trademark Office (USPTO), often charges administrative costs for the assignment's procedure. These administrative fees can vary, although they are typically low compared to other legal procedures. Additionally, attorney costs will be included in the overall cost if legal aid is requested to prepare or evaluate the assignment agreement.
In this scenario, the free trademark assignment template provided by LegalZoom can help one get started.
How do you assign ownership of a trademark?
Assigning ownership of a trademark involves several key steps:
Drafting the agreement : Start by creating an extensive trademark assignment agreement that specifies all of the transfer's terms and circumstances. Provide information on the trademark being transferred, the assignor and assignee's names and addresses, the payment for the transfer, and any guarantees or representations.
Reviewing and editing : Examine the written agreement closely to make sure all the material is correct and comprehensive. Make sure that all words are precisely defined and represent the objectives of both parties by making any required modifications or revisions.
Execution : Both the assignor and the assignee must sign the agreement after it has been finalized. To authenticate the agreement, signatures may need to be witnessed or notarized, depending on the criteria and preferences set out by law.
Submission : Send the signed agreement to the appropriate authorities or patent and trademark office for recording. This stage gives the assignee legal recognition as the new trademark owner and formalizes the ownership transfer.
Keeping records : Preserve accurate documentation of the assignment agreement, including signed copies and any contact with the office. These documents function as evidence of the transfer and may be helpful in the event of disagreements or issues about trademark ownership.
To prevent future disagreements or issues, it is essential to guarantee the completeness and quality of the information provided throughout the assignment process. Verify the information in the agreement again to make sure it is correct and reflects the goals of both parties. Stakeholders can confidently assign ownership of a trademark by carefully following these procedures.
Trademark assignment instructions
Trademark assignment instructions provide a step-by-step guide for completing each section of the trademark assignment document. Here's a brief overview:
Introduction : Start by introducing the purpose and scope of the assignment. Clearly outline the parties involved (assignor and assignee) and the trademark(s) being transferred.
Identification of trademark : Provide detailed information about the trademark(s) being assigned, including registration numbers as issued by the World Intellectual Property Organization (WIPO), descriptions, and any associated rights or goodwill.
Consideration : Specify the consideration or payment for the transfer of ownership of the trademark. This may include monetary compensation, goods, services, or other valuable assets.
Warranties and representations : Include any warranties or representations made by the assignor regarding the validity of the trademark(s) being transferred. Ensure that these statements are accurate and comply with legal requirements.
Execution and signature : Clearly outline the process for executing the assignment agreement, including signature requirements for both parties. Ensure that signatures are obtained according to legal requirements.
Recordation : Provide instructions for recording the trademark assignment with the relevant office or authority. Include any necessary forms or documentation required for recordation.
By following these instructions, stakeholders can complete the assignment process effectively while ensuring compliance with legal requirements and protecting their rights.
Recordation of the trademark assignment
If you wish to transfer ownership, the recordation of a trademark assignment with the appropriate authorities is crucial for several reasons:
Legal recognition : Recording the assignment provides legal recognition of the transfer of ownership. This formalizes the change in ownership and establishes the new trademark owner's rights in the eyes of the law.
Public notice : Recordation serves as public notice of the trademark assignment, alerting third parties to the change in ownership. This helps prevent unauthorized use or infringement of the trademark by providing clarity on who holds the rights to the mark.
Priority : Recordation establishes the priority of ownership, particularly in cases of conflicting claims or disputes. The assignee who records the assignment first typically has superior rights over subsequent claimants.
Enforceability : A recorded assignment is generally more enforceable in legal proceedings. It provides concrete evidence of the transfer of ownership, making it easier for the new trademark owner to assert their rights and defend against infringement.
Preservation of rights : Recordation helps protect the rights of the new trademark owner by ensuring that the assignment is properly documented and recognized by the relevant authorities. This safeguards against challenges to ownership and provides clarity in case of legal disputes.
How long does it take to record a trademark assignment?
The timeline for recording a trademark assignment with relevant authorities can vary depending on several factors:
Processing time : Typically, the trademark office or authority, USPTO, will have its own processing time for recording assignments. This can range from a few weeks to several months, depending on the efficiency of the office and the volume of assignments being processed.
Completeness of documentation : The completeness and accuracy of the documentation submitted with the assignment can affect processing times. Any missing or incorrect information may result in delays as the office requests additional information or clarification.
Potential delays : Delays can occur due to various reasons, such as backlog at the office, administrative errors, or unexpected issues with the assignment documentation. Additionally, if there are any challenges or disputes regarding the assignment, this can prolong the process.
Communication with authorities : Effective communication with the relevant authorities can help expedite the process. Prompt responses to any requests for information or clarification can help avoid unnecessary delays.
Overall, while there is no fixed timeline for recording an assignment, stakeholders should be prepared for potential delays and factor this into their planning. By ensuring that all documentation is complete and accurate and maintaining open communication with the authorities, stakeholders can help minimize delays and expedite the recording process.
In summary, trademark assignment holds significant importance for both individuals and businesses alike. For individuals, it provides an avenue to transfer ownership of a trademark they may have developed, allowing them to monetize their intellectual property or pass it on as part of their estate planning. For businesses, trademark assignment facilitates strategic maneuvers such as mergers, acquisitions, or rebranding efforts, enabling them to consolidate their brand portfolio or expand into new markets.
To guarantee the seamless transfer of trademark rights, minimize potential conflicts, and safeguard the integrity of the brand, it is important to adhere to legal standards and provide comprehensive documentation, regardless of the circumstances. All things considered, trademark assignment is a vital tool that helps people and companies use their intellectual property assets to their advantage for both financial benefit and a competitive advantage in the market.
To speed up the creation of your assignment document, make use of the trademark assignment template that is supplied at the top of this page. Whether you're an individual looking to safeguard your intellectual property or a company owner transferring trademark rights, our template provides an organized format for recording the assignment agreement, making the transfer procedure more accurate and straightforward.
Frequently asked questions
What's a trademark assignment.
A trademark assignment is a legal transaction that involves transferring ownership rights of a trademark from one party to another. Whether you are acquiring or relinquishing trademark rights, this process establishes clear guidelines to ensure fairness and transparency in the exchange of ownership. To complete a trademark assignment, you'll need to provide the following information:
Details of the current trademark owner, including their name and contact information
Information about the new trademark owner, including their name and contact information
What is the procedure for trademark assignment?
The procedure for trademark assignment involves transferring ownership rights of a trademark from one party to another through a legally binding agreement. This typically includes drafting a trademark assignment agreement, identifying the current owner and the new owner, specifying the trademark(s) being transferred, determining the consideration for the transfer, obtaining signatures from both parties, and recording the assignment with the relevant office or authority.
Related categories
Related templates.
Assignment of Agreement
Transfer work responsibilities efficiently with an assignment of agreement. Facilitate a smooth transition from one party to another.
Copyright Assignment
Protect your intellectual property with a copyright assignment form. Securely transfer your copyright to another party, clearly defining ownership terms while preserving your rights effectively.
Intellectual Property Assignment Agreement
Safeguard the sale or purchase of assets with an intellectual property assignment agreement. Transfer the ownership of patents, trademarks, software, and other critical assets easily.
Patent Application Assignment
Transfer the ownership rights or interests in a patent application. A patent application agreement defines the terms of transfer, promotes collaboration, and mitigates risks.
Patent Assignment
Simplify the process of transferring patent rights for both buyers and sellers with a patent assignment agreement. Document the ownership transfer clearly and efficiently.
Trademark License Agreement
Ensure fair use of intellectual property with a trademark license agreement. Outline the terms of usage and compensation.
Trademark Attorneys Trusted For Our Experience®
Trademark Assignments: How to Buy, Sell, Or Transfer A Trademark
By Eric Perrott, Esq.
Much like traditional assets such as machinery or real estate, trademarks are assets that can be bought, sold, and transferred. Unlike physical assets, however, trademarks must be transferred in a purposeful way to ensure that the underlying meaning, or “goodwill”, is also transferred.
A trademark could be a word, a phrase, a symbol, or even a shape. However, one thing all different forms of trademarks share are that they represent a single source. They are essentially a shortcut for consumers to bring to mind a company’s quality, customer service, and even values, at a glance. A trademark only has value because of the impact it has on consumers and the exposure consumers have had to that brand.
When transferring a trademark, simply allowing another company to use the trademark is not enough. You must transfer not only the right to the word or image, but also the underlying goodwill behind the trademark.
It is crucial that trademark owners properly transfer, or “assign” their trademarks to avoid delays, confusion, or worst of all, a break in title that could invalidate the earlier use of the trademark and ruin the value of the trademark.
A Trademark Assignment Transfers Trademark Rights
A proper trademark assignment is not just a transfer of registration the way many business assets are transferred. There is a wording specific to trademark assignments known as a “transfer of goodwill” – this is written fully as a transfer of “(1) all the property, right, title and interest in and to the Trademark including all common law rights connected therein together with the registrations therefor for the United States and throughout the world together with the goodwill of the business in connection with which the Trademark is used and which is symbolized by the Trademark; (2) all income, royalties, and damages hereafter due or payable to Assignor with respect to the Trademark, including without limitation, damages, and payments for past or future infringements and misappropriations of the Trademark; and (3) all rights to sue for past, present and future infringements or misappropriations of the Trademark.”
By including those clear rights and benefits, trademark owners make it clear that all the rights associated with the trademark are now the new owners’, including enforcement rights, royalty rights, and licensing rights. However, all responsibilities are also to the new owners, such as ensuring there is no confusion with another mark, that renewals are timely filed, and any misuse of a mark is monitored to ensure the quality assurance associated with the mark.
If the goodwill is not transferred, the new owner is essentially stating that they will not work to maintain the mark’s reputation among consumers.
Common Issues with Preparing and Filing Assignments
When filing an assignment, either current or in the past, the assignment requires:
the proper names of owners – if business entities, then complete names of active business entities
the date any transfer took place, whether in the past or on the date of signing
the language above for all goodwill and interest and rights to sue for past infringement
signatures of both the assignor and assignee – or qualified representatives of those entities
This may seem simple, but when completing a trademark assignment, it is important to understand why each of these items are needed in order to ensure that the transfer is done correctly. The mere fact that the USPTO accepts a recordation of an assignment does not mean it is valid.
One common pitfall of attempting to file an assignment yourself is mixing up assignor or assignee, writing the wrong owner, or assigning the mark to an individual and not a business entity. Before assigning a trademark, ensure that you consider why the transfer is taking place.
For example:
You may be transferring a trademark from one company you own to another as a restructuring of assets, such as a holding company or a change in tax status.
You might have sold the business and all underlying trademark rights in the business name.
You may be transferring a mark according to a will or bankruptcy.
You may be transferring from your name, personally, to a newly created entity
All of these situations have their own nuances and it is easy to confuse who owns the rights with who is receiving them. No matter what, ensure that your assignment matches the owner on the trademark registration. Sometimes a trademark might change hands two or three times, with a few corporate name changes in the middle. You should be able to draw a straight line from the original owner to the new owner, and each step must be documented with the USPTO to ensure the recordation is valid. It might be a multi-step process involving multiple parties and, while complicated, it is essential that the ownership and chain-of-title are both correct.
Another common pitfall occurs when filing other documents, such as renewals. The filer is required to sign a sworn statement that the owner is correct. If the old owner files a renewal in the name of the old organization, the owner may have made a sworn statement that it was the owner of the mark, which could cause delays or even prejudice the registration in future proceedings.
Similarly, if the new owner files, they cannot simply change the name in the renewal. This will cause significant delays, as they will need to prepare an assignment and record it with the USPTO’s assignment branch before the renewal can be filed. If close to deadlines, this could get extremely complicated and cause additional fees or potential loss of rights.
Trademark assignments are an important part of the trademark lifecycle, as they allow trademark owners to buy and sell brands and further benefit from the goodwill represented by their brands. However, trademark owners should carefully consider the content of any assignment documents and ensure that they match the reality of the situation and the requirements of the USPTO.
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Eric Perrott, Esq.
Eric Perrott, Esq. is a trademark and copyright attorney committed to providing high-quality legal services for any sized budget. Eric’s ability to counsel clients through any stage of trademark and copyright development and protection allows him to provide his clients with personalized advice and unique analysis. Eric can be reached directly at: [email protected]. The contents of this blog are for informational purposes only and may not be relied on as legal advice.
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How to transfer trademark ownership: trademark assignment, how do you transfer ownership of a trademark.
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (“assignor”) that transfers ownership of the trademark to a new owner (“assignee”). In most cases, the new owner does not need to sign the document because only the assignor signs the trademark assignment to transfer trademark rights. The USPTO offers a helpful online resource on trademark assignments .
Need to transfer trademark ownership? Email Vic at [email protected] or call (949) 223-9623 to see how we can help transfer trademarks.
How much does a trademark assignment cost?
To transfer ownership of a single trademark application or registration, our cost is $790, including our $750 flat rate and $40 USPTO fee. Our firm charges flat fees for trademark assignments and patent filings . The USPTO recording fee is $40 for the first mark, and $25 for each subsequent marks .
For multiple marks, we can draft a single trademark assignment to be signed only once. The executed trademark assignment must then be properly recorded against each trademark to be transferred. Contact us to obtain a precise quote for transferring a trademark filing.
What should be included in the trademark assignment?
It is important to specify the details of the trademark(s) to be transferred. 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
language regarding the transfer of goodwill associated with the marks.
If multiple marks are involved, a single trademark assignment may include a schedule that lists all the trademarks to be transferred.
Keep in mind that a license to use a trademark is not the same as transferring ownership of the mark. In a trademark license, the licensor still owns the mark.
Can an ITU application be transferred prior to showing use of the mark?
Trademark assignments can get tricky in Intent-To-Use trademark applications . That’s because an ITU application is generally not transferable before the mark has been used. The USPTO wants to see the original applicant submit evidence of use of the mark by filing a Statement of Use / Amendment to Allege Use before filing a trademark assignment. Certain exceptions to this rule include the transfer of an entire line of business (e.g., business of the original trademark owner is acquired by a new owner). In these special circumstances, a trademark assignment filed before the mark has been used might be acceptable if the assignment contains special language to effect a proper transfer of an ITU mark.
Should trademark assignments be recorded with the USPTO?
An executed trademark assignment must be properly recorded with the USPTO to establish a clear chain of title from the old owner to the new owner. This will enable the public to search and recognize the new trademark owner. If the new trademark owner plans to file new trademark applications for marks similar to the assigned trademark, then it would certainly help to show that the registered trademark now belongs to the new owner.
How to search USPTO trademark assignments
The USPTO enables the public to search trademark assignment records online by reel/frame number, serial number, registration number, international registration number, assignor name, assignee name, correspondent name, applicant name or domestic representative.
How to transfer a trademark with a renewal deadline approaching
Should you transfer a trademark regisration first, and then file the renewal of behalf of the new owner? Or, renew first on behalf of the old owner, and transfer the registered trademark? It all depends on whether the old owner or new owner is making use of the mark at the time the renewal is filed.
What should the new trademark owner do?
The assignee should be diligent in tracking any deadlines for responding to outstanding Office Actions and renewing any registered marks. Typically, this can be forwarded to an experienced IP firm who will easily docket all relevant deadlines of the transferred trademark filings.
A transferred trademark application or registration should not be regarded in the same way as a transferred patent, which does not impose an obligation on the patent owner to use the patent. Trademark owners have an ongoing obligation to use the transferred trademark on the pertinent goods or services identified in the trademark filings. Ceasing the use of the marks on the relevant goods or services could jeopardize rights in the transferred marks.
What if the owner is the same, but the company has changed its name?
If the trademark owner is the same entity with a different name, the trademark owner should record a name change with the USPTO. An assignment cover sheet should be added to a copy of the corporate documents reflecting the name change, which will all be submitted to the USPTO. Be careful not to think of a different entity as merely a name change. For example, if your old company was an LLC and you formed a new corporation, those are two different entities. A trademark assignment would be required to transfer trademarks from the LLC to the new corporation.
Need to transfer a trademark application or registration?
An experienced trademark attorney can help you properly transfer a trademark filing. Email me at [email protected] or call (949) 223-9623 to get started on transferring ownership of a trademark.
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Any changes to a trademark holder's name or address and transfers of trademark ownership have to be recorded in the Russian Trademark Register.
Failure to notify Rospatent of name or address changes in a timely manner may entail difficulties in defending the holder’s rights in subsequent contentious cases.
A trademark assignment becomes effective in Russia from the date it is recorded with the Russian Patent and Trademark Office. For successful registration, the assignment agreement and the recordation request should meet the mandatory requirements of national law.
We assist our clients in the recordation of changes not only in Russia, but also in the whole geographic region.
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World Trademark Review Yearbook 2017/2018
Trademark procedures and strategies: Russia
29 March 2017
This is an Insight article, written by a selected partner as part of WTR's co-published content. Read more on Insight
Legal protection of trademarks in Russia is governed by the relevant provisions of Part 4 of the Civil Code 2008 (the latest amendments to which were enacted on July 4 2016). The Civil Code also provides the basics for registration procedures, which are developed in detail in the administrative regulations of the Russian Trademark Office (Rospatent).
Legal framework
Russia is a signatory to the following international treaties regulating trademark registration and protection issues:
the Paris Convention for the Protection of Industrial Property (since July 1 1965);
the Trademark Law Treaty (since May 11 1998);
the Madrid Agreement Concerning the International Registration of Marks (since July 1 1976) and the Protocol Relating to the Madrid Agreement (since June 10 1997);
the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (since July 26 1971); and
the Agreement on Trade-Related Aspects of Intellectual Property Rights (since August 22 2012, when Russia joined the World Trade Organisation).
The Russian legal framework for trademarks is characterised by constant change and development. Several major amendments to the national legislation and regulations have been made in the past five years and more changes are expected – including a widely discussed proposal to introduce an opposition system to replace the current examination system.
Unregistered marks
Marks cannot enjoy legal protection as trademarks in Russia without registration as such. However, if an unregistered mark is in use as the name of a trade outlet (eg, a shop or restaurant), the name can enjoy limited protection as a commercial designation (trade name) restricted to the location of the outlet (eg, a town or street) if it has an earlier priority date than a competing registered trademark.
Unfair competition arguments may also be available for users of unregistered marks in certain circumstances, as well as copyright protection.
Registered marks
Applicants for trademarks can be legal entities (including commercial or non-profit and private or state entities) and individual entrepreneurs (natural persons holding a state licence or otherwise allowed by local law to conduct business activities).
Applicants residing abroad must communicate with Rospatent through a Russian trademark attorney (with certain exceptions for applicants residing in countries that have international treaties with Russia concerning national regimes for their applicants). Local applicants can file directly with Rospatent.
The law requires that a representative (including trademark attorneys) have a power of attorney to sign, file and prosecute a trademark application; however, a trademark attorney need not attach the actual power of attorney to the application. The power of attorney issued to a trademark attorney need not be notarised or legalised.
The law provides an open list of designations that can be registered as trademarks, including words, images, sounds, three-dimensional shapes, animations, holograms, position marks, colours (including single colours) and smells.
The following designations cannot be registered as trademarks:
commonly used names of particular goods;
commonly accepted symbols and terms (eg, the Red Cross), state symbols and flags and the names of state bodies and international organisations;
characteristics of goods, such as indication type, quality, features, purpose, value and the time, place and method of manufacture and sale;
simple shapes of goods that are determined by the purpose of the goods;
names of cultural heritage sites and objects;
appellations of origin;
false and misleading designations; and
designations that violate public interest, moral or humanitarian principles.
With the exception of the last two examples, these designations can be included in a trademark as non-protected elements under certain conditions (eg, consent of the competent authority, evidence of acquired distinctiveness through intensive use, domination of other elements in the trademark).
Multiple classes of goods and services are allowed in a single application.
Examination
Rospatent conducts a formal and substantive examination of trademark applications. It usually takes 12 to 14 months to complete the examination, if no official actions are issued.
Rospatent’s examination includes the following checks:
whether the application papers have been correctly drafted and submitted;
whether the goods and services have been correctly classified and named;
whether the filing and examination fees have been duly paid;
whether the mark cannot be registered on absolute grounds; and
whether the mark is confusingly similar to any registered trademarks or pending applications with an earlier filing or priority date.
If the application fails on one or some of these grounds, the Trademark Office will issue an official action indicating the application’s defects or citing grounds for possible refusal of registration. Depending on the nature of the official action, the applicant is given two, three or six months to respond.
If earlier trademarks are cited against the filed mark in the official action, the applicant may overcome the citations by providing letters of consent from the owners of the cited trademarks, unless those marks are identical or similar to the extent that they could mislead consumers.
There is no opposition procedure in Russia.
However, the law allows third parties to file written observations against an application that is under examination by Rospatent. In such observations, the third party can express its opinion on the filed mark’s compliance with the legal requirements, including its possible confusing similarity to earlier trademarks. The Rospatent examiner will take these arguments into account during the examination of the application.
Refusals of the examiner can be appealed to Rospatent within four months of refusal. Appeals are heard by special boards of examiners and the final decision must be approved by the head of Rospatent. It usually takes four to six months for an appeal to be prosecuted and decided.
Registration
On issuance of a decision in favour of registration, the applicant must pay the registration fee within four months of the decision date, although an additional six-month grace period is available (subject to a 50% increase in the registration fee). The registration fee does not depend on the type of mark or number of classes.
The registered trademark is then entered in the State Trademark Register and published in the Official Bulletin (available online), and a paper trademark certificate is issued. Rights holders are advised to keep the paper trademark certificate for the whole life of the trademark, as it could be required for enforcement procedures.
The registered trademark is valid for 10 years from the filing date of the trademark application; this term can be renewed for an unlimited number of subsequent 10-year periods. The renewal petition and official fee should be submitted during the last year of validity of the trademark, although an additional six-month grace period is available (subject to a 50% increase in the official fee).
The law requires that the rights holder ensure that its information is accurately recorded in the Trademark Register. Changes to the rights holder’s name or address should be recorded in the register in a timely manner. Failure to record these changes may result in delays and refusals in other procedures (eg, registration of assignments and licences). It usually takes around two months to complete such recordals.
Removal from register
A trademark can be removed from the register on the following grounds:
expiration of the term of validity (failure to renew);
withdrawal by the rights holder;
termination due to liquidation of the rights holder;
termination due to non-use of the trademark;
termination due to the trademark becoming a commonly used name of the goods or services (failure to enforce);
invalidation due to the unlawful nature of the registration (eg, similarity to an earlier trademark); and
invalidation due to recognition of the trademark registration as an act of unfair competition.
Invalidation actions based on the argument of similarity to earlier trademarks should be filed within five years of the trademark’s publication date.
Cancellation actions based on non-use of the trademark may be filed no earlier than three years after registration of the trademark. For international registrations, this three-year period can be counted from the date on which Rospatent issued a confirmation of legal protection of the mark within the Russian territory.
Trademark searches
An agency of Rospatent offers trademark searches to all interested parties. Although these searches are often referred to as ‘official’, in fact the results of these searches do not bind Rospatent or other parties.
Search options include word mark search and image mark search, covering all registered trademarks and pending trademark applications.
The fees for these searches depend on the urgency, type of designation (word or image) and number of classes of goods and services. For example, a one-week search for a word mark in one class costs Rb14,160 (around $230) and each additional class costs Rb3,540 ($58); whereas a one-week search for an image mark in one class costs Rb24,780 ($395) and each additional class costs Rb5,310 ($86). These fees do not include the professional fees of local trademark attorneys for ordering and reporting search results.
Enforcement
The exclusive rights to trademarks can be enforced through legal action as soon as the trademark has been registered by the Trademark Office (or as soon as legal protection is confirmed for an international registration by official action of the Trademark Office or by omission thereof).
Infringement
The law defines ‘trademark infringement’ as unauthorised use for similar goods and services of a similar designation where such use creates a risk of confusion. In particular, the law stipulates the following uses of a trademark:
placement of the mark on goods (including labels and packaging of goods) that are manufactured, offered for sale, sold, demonstrated at exhibitions or fairs or otherwise introduced into circulation in the Russian territory, or stored or transported for this purpose, or imported into the Russian territory;
use of the mark while performing work or providing services;
use of the mark in the documentation accompanying the goods introduced onto the market;
use of the mark in offers for sale of goods and services, as well as in advertisements and on signboards; and
use of the mark on the Internet, in domain names or in other means of address.
The following remedies against infringement are available to the rights holder:
recognition of exclusive rights (if the infringer denies the existence of the rights);
prohibition of infringing acts;
reimbursement of damages caused by the infringement, including real damages and lost profits;
payment of monetary compensation for unlawful use of the trademark;
confiscation and destruction of the goods, packaging and labels bearing infringing marks, as well as equipment and machinery used to manufacture the goods bearing such infringing marks; and
publication of the court decision.
The rights holder has a choice between claiming damages or monetary compensation. Monetary compensation can be claimed in the amount of:
Rb10,000 to Rb5 million (the amount awarded depends on the judge’s discretion and the circumstances of the case);
twice the cost of the goods bearing the infringing mark; or
twice the amount of royalties that would usually be paid in similar circumstances by a lawful user of the trademark.
Preliminary injunctions are available in trademark infringement cases; however, judges rarely grant them in practice, as they prefer to hear the case in full before any ruling about injunction.
The rights holder may also initiate administrative or criminal proceedings against the infringer by addressing the case to the police. The administrative and criminal penalties for infringement include fines, arrest, forced labour or incarceration for up to five years.
Another option is to file a complaint with the Federal Anti-monopoly Service (FAS). The FAS prosecutes cases of unfair competition – including those involving unlawful use of trademarks – and can order cessation of the infringement and impose administrative fines on the infringer.
Trademark infringement cases are within the jurisdiction of the state arbitration courts (if the parties to the dispute are companies or entrepreneurs) and the state common courts (if the defendant is an individual and not involved in commercial activities) of the place of residence of the infringer.
Infringement cases are heard by non-specialised judges, although in some bigger courts (eg, the Moscow Arbitration Court) cases tend to be distributed among a limited group of judges experienced in IP litigation. The question of similarity of marks and the risk of confusion is usually decided by the judge without the involvement of experts.
The specialised IP Court (which started to accept cases on July 3 2013) is the court of second appeal for infringement cases filed in the state arbitration courts and the first-instance court for disputes against decisions of Rospatent and decisions on cancellation due to non-use.
The timeframe of a typical trademark infringement case is around four to six months if the case is considered by a state arbitration court and no foreign party is involved (in the latter case, a longer timeframe of eight to 12 months can be expected); this does not include possible appeals. A suit can be filed 30 days after sending a cease and desist letter to the infringer, unless the parties reach agreement on other pre-court settlements.
For non-continuous trademark infringements, the time limit for filing suit is three years from the moment that the infringement becomes known to the rights holder. Disputes against Trademark Office actions should be brought before the IP Court within three months of the claimant learning of the relevant Rospatent decision.
Ownership changes and rights transfers
Trademark rights may be assigned or licensed. The licence can be exclusive or non-exclusive. The exclusive licence prohibits the licensor from granting other licences, but the licensor retains the right to use the trademark unless the licence agreement provides otherwise.
Assignment and licensing of trademark rights are subject to registration with Rospatent. No legalisation or notarisation of documents is required. Assignments of international trademark registrations (but not licences) can be registered with the World Intellectual Property Organisation (WIPO). Lack of registration makes the grant of rights void.
Use of the trademark by the registered licensee will be regarded as proper use of the trademark by the rights holder. If the licence has not been registered, this is still possible if evidence is provided that the rights holder exercised control over the use of the trademark by an unregistered licensee.
The law prohibits gratis assignments and licences between commercial entities.
Changes of ownership arising from a merger or other type of reorganisation, as well as changes of name and address of the rights holder, should also be registered with Rospatent (or WIPO, if it is an international trademark registration). The rights holder bears the risk of all negative consequences for failure to register such changes. In particular, Rospatent may cite earlier trademarks of the same owner against a new trademark application if there are discrepancies in the name or address of the owner and applicant.
Related rights
In many cases a device mark capable of trademark protection may enjoy simultaneous protection under copyright and industrial design law. In the latter case, the registered trademark will have earlier priority, but should not be published earlier than 12 months before the filing date of the industrial design application.
The common example of a trademark capable of multiple protection is a label (eg, a label for a bottle): the design of the label can be protected equally as a work of art (copyright), as a means of individualisation (registered trademark) and as an industrial design.
It is important that the law does not establish a dependence between different forms of legal protection of the mark. Termination of a trademark (eg, non-renewal) does not affect the validity of copyright or design protection for the device mark.
However, it is prohibited to incorporate copyrighted objects known in Russia as part of a trademark without the copyright owner’s consent.
In limited cases, a word mark can also be protected by copyright (eg, if it is a long or poetic slogan).
Online issues
General provisions of the law regulating the use of trademarks apply equally to the use of trademarks on the Internet. In addition, the law specifically mentions the possibility to use trademarks in domain names or in other addressing information (eg, email addresses).
Court practice confirms that use of the mark in domain names, in visible hyperlinks and on websites will be considered infringement if it is not authorised by the rights holder and it does not fall within the common exemptions from exclusive rights. However, the courts have found that use of a trademark as a keyword for displaying targeted ads or as a metatag does not violate the trademark if the keyword or metatag is not visible to the user – although an unfair competition complaint can still be made.
Online trademark infringement cases must be filed and prosecuted in the same way and in the same courts as offline trademark infringement cases. There is no procedure akin to the Uniform Domain Name Dispute Resolution Policy for trademark or domain name disputes for ‘.ru’ and other top-level and second-level domains which are popular in Russia (eg, ‘.su’, ‘.РФ’, ‘com.ru’), except for provisions that prevent the transfer of the domain name to a third party if a court case has been initiated.
Ivanov, Makarov & Partners
Daev per, d20
Moscow 107045
Tel +7 495 604 8176
Fax +7 495 604 8192
Web www.impartners.ru
Mark Chizhenok
[email protected]
Mark Chizhenok is a partner of Ivanov, Makarov & Partners and has practised IP law since 1999 in a wide range of areas, including trademarks, patents and industrial designs.
Mr Chizhenok’s trademark practice encompasses trademark searches, prosecution of trademark applications at the Russian Patent and Trademark Office, handling trademark cancellation cases and trademark infringement litigation. He has excellent experience in internet-related disputes involving domain names, advertising and online sale of counterfeit goods.
Mr Chizhenok graduated cum laude from the Russian People’s Friendship University with a master of law degree and a degree in English language studies. He is a qualified Russian trademark attorney.
Olga Tikhonina
Olga Tikhonina is a partner of Ivanov, Makarov & Partners and has practised IP law since 1999.
Ms Tikhonina works with all kinds of IP issues, with a focus on trademark prosecution and contractual relations such as acquisitions, licensing, franchising and distribution agreements. She successfully manages large trademark portfolios for international clients. She has deep knowledge and expertise in the legal protection of software, know-how and data protection issues.
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Trademark Center beta
We launched Trademark Center beta, a new system designed to improve your filing experience. You can use the beta version of Trademark Center to apply to register your trademark. You have the option to apply to register your trademark in either Trademark Center beta or the Trademark Electronic Application System (TEAS) until early January 2025. The cost to file remains the same in both systems.
For more information, visit our Trademark Center page .
Index of all TEAS forms
See below for a listing of all forms within a specific category. To access a form, select the form name.
To look at the forms prior to accessing the electronic version in the list below, see the form previews . Do not attempt to file the PDF version. It is for informational purposes only and not for submitting the form.
Log in to access forms
To access TEAS and TEASi forms, select a form listed below. If you are not already signed into MyUSPTO using your USPTO.gov account, then you will be prompted to log in with two-step authentication.
For the latest information or to create a USPTO.gov account, review the Log in to TEAS and TEASi page .
Be cautious about anyone contacting you about your trademark. Your contact information, trademark details, and application status are publicly viewable on our systems. Scammers and private companies often use it to call, mail, or email you with trademark-related solicitations and scams. This may include posing as the USPTO. See recognizing common scams to learn how you can protect yourself.
Initial Application Form
TEAS Plus/TEAS Standard Application
Trademark/Servicemark Application, Supplemental Registe r
Certification Mark Application, Principal Register
Collective Membership Mark Application, Principal Register
Collective Trademark/Servicemark Application, Principal Register
Response Forms
Response to Office Action Form
Request for Reconsideration after Final Office Action Form
Response to Suspension Inquiry or Letter of Suspension
Request for Extension of Time to file a Response (Trademark Application)
Response to Intent-to-Use (ITU) Office action
Response to Post-Registration Office action
Response to Petition to Revive Deficiency Letter
Response to Petition to Director Inquiry Letter
Intent-to-Use (ITU) Forms
Statement of Use/Amendment to Allege Use for Intent-to-Use Application
Request for Extension of Time to File a Statement of Use
Respond to an Intent-to-Use Unit Office action
Extension Request Forms
Request for Extension of Time to File a Response (Trademark Application or Expungement or Reexamination Proceeding)
Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Forms
Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Form
Request to Delete Section 1(b) Basis, Intent-to-Use
Correspondence and Attorney/Domestic Representative Forms
Change Address or Representation (CAR) Form
Withdrawal of Attorney
Petition Forms
Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
Petition to Director
Petition to make Special
Request to Restore Filing Date
Request to Make Special
Request for Reinstatement
Petition to Change the Filing Basis After Publication
Letter of Protest
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after NOA
Petition to Director to Review Denial of Certification of International Application
Petition to Director for an International Application/Registration
Expungement or Reexamination Forms
Petition for Expungement or Reexamination
Response to a Post-Registration office action
Request for Extension of Time to File a Response (Expungement or Reexamination Proceeding)
Miscellaneous Forms
Voluntary Amendment Not in Response to USPTO Office Action/Letter
Request for Express Abandonment (Withdrawal) of Application
Request to Divide Application
Order Trademark Presentation Copy of Registration Certificate
Registration Maintenance/Renewal Forms
Combined declaration of use & incontestability under Sections 8 & 15
Declaration of Use and/or Excusable Nonuse of a Mark under Section 8
Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9
Declaration of Incontestability of a Mark under Section 15
Section 7 Request for Amendment or Correction of Registration Certificate
Surrender of Registration for cancellation
Request to Divide Registration
Section 12(c) Affidavit
Declaration of Use and Excusable Nonuse under Section 71
Combined declaration of use & incontestability under Sections 71 &15
Assignment Forms
Assignments
Change of name
Other conveyances of title
You can file your assignment online through Assignment Center at https://assignmentcenter.uspto.gov .
Trademark Trial and Appeal Board Forms
Request for Extension of Time to File an Opposition
File a New Proceeding (Notice of Opposition; Petition for Cancellation; Appeal of Refusal to Register)
File Documents in an Existing Board Proceeding
You can file your TTAB submissions online through the Electronic System for Trademark Trial and Appeals (ESTTA) at https://estta.uspto.gov/ .
Madrid Protocol Forms
Application for International Registration
Subsequent Designation
Response to a Notice of Irregularity
Replacement Request
Transformation Request
Combined Declaration of Use & Incontestability under Sections 71 & 15
Petition to Director for an International Application/Registration
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Custom recordals
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TRADEMARK IN RUSSIA
Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Russia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Requirements for trademark registration
According to the legislation of Russia, designations that are similar with or identical to the trademarks previously registered or applied for registration in respect of similar goods and/or services cannot be registered.
In order to determine whether there are any similar or identical registered trademarks or filed trademark applications that may be opposed to your mark at the examination stage, please use the online trademark search tool which is available on our website or contact us to order professional trademark search.
Information and documents needed for filing
Prints of the trademark;
Name and address of the applicant;
List of goods and/or services in accordance with The Nice Classification;
Certified copies of priority documents, if priority is to be claimed (may be submitted within three months from the filing date);
Signed Power of Attorney (legalization and notarization are not required).
Trademark registration procedure
A formal examination of a trademark application is conducted within approximately 1-2 months after filing and checks the availability of required filing documents and payment of filing fee. If the application meets filing requirements, corresponding notification is issued, after which the application passes to substantive examination, which is conducted for approximately 5-6 months. On condition that a trademark meets the requirements of protectability, the decision about registration is issued, which means that the official registration fee should be duly paid to the Trademark Office. The certificate of registration is forwarded to the applicant within approximately 1-2 months after payment of the official fee. In case the substantive examination finds any obstacles for registration, a provisional refusal in trademark registration is issued, which may be appealed within further 6 months.
The smooth trademark registration procedure usually takes 7-8 months in Russia.
Foreign applicants must be represented by a registered Russian trademark attorney
Possible oppositions and cancellation requests
Any interested party may file opposition against registration of applied designation during the whole examination period up to the issuance of decision of substantive examination.
Interested parties may also file cancellation requests after trademark registration, namely:
cancellation based on relative grounds may be filed to the Board of Patent Disputes within 5 years from publication;
cancellation based on absolute grounds may be filed to the Board of Patent Disputes within the entire period of validity of the trademark;
cancellation based on non-use may be filed to the Court for Intellectual Property Rights. The grace period is 3 years from registration.
Trademark validity and renewal
A trademark is valid for 10 years from the filing date and can be further renewed every 10 years. It is possible to apply for trademark renewal within 12 months before expiry of validity term. There is also a 6-month grace period which allows applying for renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after expiration of grace period) is not possible.
Required documents : signed and stamped Power of Attorney.
Trademark assignments: Transferring ownership or changing your name
Checking the USPTO trademark database for assignment /name change. After you receive a Notice of Recordation, wait one week before checking to see if the owner information has been updated in your application or registration in the trademark database. Follow these instructions: Go to TSDR. Enter the application serial number or registration number.
Trademarks
Find out how to register and maintain a trademark in the U.S., apply for an international trademark, and about protecting your registered trademark. ... Search Assignments. Assignment Center. Order Certified Copies. Previous Next. webpage. Learn how to keep your registration alive.
Apply online
Order a printed presentation copy of your trademark registration certificate; 10. Assignment forms. File assignments, name changes, and other conveyances of title . 11. Trademark Trial and Appeal Board forms. File all submissions to the Trademark Trial and Appeal Board; e.g., oppositions, cancellations, notices of appeal after final actions. 12.
USPTO Assignments on the Web
Registration Number: Assignor Name: Assignor Index: Assignee Name: ... Registrant Name: Registrant Index: The database contains all recorded Trademark Assignment information from 1955 to August 15, 2024 . ... If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6 ...
Trademark Center
Record assignment; Search assignment; Order certified trademark documents; ... Search the trademark database. ... Learn about the application requirements and registration process in this easy-to-understand guide for beginners. paid. Trademark fee information .
Trademark Assignment: Best Practices
A trademark assignment agreement is a contractual document that effectuates the transfer of ownership rights in a trademark or service mark from one party, the assignor, to another, the assignee, thereby altering the legal landscape of the mark's entitlement and obligations. ... Recordal and Registration: Verify that the assignment is properly ...
United States Patent and Trademark Office
A person or entity to whom the registration has issued. A resident of the United States to whom service of process may be sent regarding the trademark. The database contains all recorded Trademark Assignment information from 1955 to the present. Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records ...
PDF Assignment of Trademark
ereby agree as follows:Trademark Assignment, the Assignor hereby sells, transfers and assigns to the Assignee, its successors and assigns, the Assignor's entire right, title and interest in and to the Trademark application and/or registrations, together with (i) the benefit of any use of the Trademark by the Assignor (ii) the goodwill of the ...
PDF Assignment Center Training Guide Trademarks
On the "Assignment application options" page, click "Start new trademark assignment"to start your assignment application. 22 Provide "multiple assignment" information. You must select "Yes" or "No". ... Select which serial or registration numbers you want to add to your application. Then, click "Add properties" and ...
Trademark Assignment
Trademark Assignment. Last revision 05/22/2024. Formats Word and PDF. Size 3 to 5 pages. Download a basic template (FREE) Create a customized document. A Trademark Assignment is a document used when one person owns a registered trademark (like a brand name or logo) and wishes to transfer the ownership of that trademark to another person.
Trademark registration: Starting a trademark assignment ...
Learn how to start a trademark request in Assignment Center.Assignment Center is a publicly available USPTO system for recording assignments and other docume...
Free Trademark Assignment Template
This trademark assignment is between , an individual a(n) (the "Assignor") and , an individual a(n) (the "Assignee").. The Assignor is the owner of certain intellectual property rights, including the trademarks listed on Exhibit A, and all goodwill of any business connected to or symbolized by those (collectively, the "Trademarks").. The Assignor wishes to sell to the Assignee all of its ...
Trademark Assignments: How to Buy, Sell, Or Transfer A Trademark
A proper trademark assignment is not just a transfer of registration the way many business assets are transferred. There is a wording specific to trademark assignments known as a "transfer of goodwill" - this is written fully as a transfer of " (1) all the property, right, title and interest in and to the Trademark including all common ...
Trademark Search
Assignment recorded: Contains true if an assignment has been recorded or false if not; Case sensitive; AT: Attorney of record: ... Cancelled Trademark registration that's no longer active, so the owner no longer benefits from the rights that come with a federal registration. Common causes include failing to file a required maintenance document ...
Search our trademark database
A search you complete before applying for a trademark registration to make sure your trademark is available to register for your particular goods or services, ... Search recorded assignment and record ownership changes. MPEP. Classification. Guides and manuals. Trademarks. Trademark search. Search trademark database. TEAS. Forms. Trademark filing.
How to Transfer Trademark Ownership: Trademark Assignment
To transfer ownership of a single trademark application or registration, our cost is $790, including our $750 flat rate and $40 USPTO fee. Our firm charges flat fees for trademark assignments and patent filings. The USPTO recording fee is $40 for the first mark, and $25 for each subsequent marks. For multiple marks, we can draft a single ...
MyUSPTO
MyUSPTO is a single place for you to actively manage your intellectual property portfolio. Track patent applications and grants, check trademark registrations and statuses, and access our services in your personalized USPTO gateway. I have an account. Log in with your USPTO.gov account. I need an account.
Trademark recordals in Russia
A trademark assignment becomes effective in Russia from the date it is recorded with the Russian Patent and Trademark Office. For successful registration, the assignment agreement and the recordation request should meet the mandatory requirements of national law.
Trademark procedures and strategies: Russia
Assignment and licensing of trademark rights are subject to registration with Rospatent. No legalisation or notarisation of documents is required. Assignments of international trademark registrations (but not licences) can be registered with the World Intellectual Property Organisation (WIPO). Lack of registration makes the grant of rights void.
Starting a trademark assignment request in Assignment Center
Watch on. Published on: January 29, 2024 14:51. Learn how to start a trademark request in Assignment Center. Assignment Center is a publicly available USPTO system for recording assignments and other documents relating to interests in patents and trademarks. Other ways to view this video.
Index of all TEAS forms
Response Forms. Response to Office Action Form. Request for Reconsideration after Final Office Action Form. Response to Suspension Inquiry or Letter of Suspension. Request for Extension of Time to file a Response (Trademark Application) Response to Intent-to-Use (ITU) Office action. Response to Post-Registration Office action.
TRADEMARK in Russia
TRADEMARK IN RUSSIA. Moscow Patent Service offers the full range of legal services related to trademarks in Russia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts.
TRADEMARK in Russia
Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Russia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts.
COMMENTS
Checking the USPTO trademark database for assignment /name change. After you receive a Notice of Recordation, wait one week before checking to see if the owner information has been updated in your application or registration in the trademark database. Follow these instructions: Go to TSDR. Enter the application serial number or registration number.
Find out how to register and maintain a trademark in the U.S., apply for an international trademark, and about protecting your registered trademark. ... Search Assignments. Assignment Center. Order Certified Copies. Previous Next. webpage. Learn how to keep your registration alive.
Order a printed presentation copy of your trademark registration certificate; 10. Assignment forms. File assignments, name changes, and other conveyances of title . 11. Trademark Trial and Appeal Board forms. File all submissions to the Trademark Trial and Appeal Board; e.g., oppositions, cancellations, notices of appeal after final actions. 12.
Registration Number: Assignor Name: Assignor Index: Assignee Name: ... Registrant Name: Registrant Index: The database contains all recorded Trademark Assignment information from 1955 to August 15, 2024 . ... If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6 ...
Record assignment; Search assignment; Order certified trademark documents; ... Search the trademark database. ... Learn about the application requirements and registration process in this easy-to-understand guide for beginners. paid. Trademark fee information .
A trademark assignment agreement is a contractual document that effectuates the transfer of ownership rights in a trademark or service mark from one party, the assignor, to another, the assignee, thereby altering the legal landscape of the mark's entitlement and obligations. ... Recordal and Registration: Verify that the assignment is properly ...
A person or entity to whom the registration has issued. A resident of the United States to whom service of process may be sent regarding the trademark. The database contains all recorded Trademark Assignment information from 1955 to the present. Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records ...
ereby agree as follows:Trademark Assignment, the Assignor hereby sells, transfers and assigns to the Assignee, its successors and assigns, the Assignor's entire right, title and interest in and to the Trademark application and/or registrations, together with (i) the benefit of any use of the Trademark by the Assignor (ii) the goodwill of the ...
On the "Assignment application options" page, click "Start new trademark assignment"to start your assignment application. 22 Provide "multiple assignment" information. You must select "Yes" or "No". ... Select which serial or registration numbers you want to add to your application. Then, click "Add properties" and ...
Trademark Assignment. Last revision 05/22/2024. Formats Word and PDF. Size 3 to 5 pages. Download a basic template (FREE) Create a customized document. A Trademark Assignment is a document used when one person owns a registered trademark (like a brand name or logo) and wishes to transfer the ownership of that trademark to another person.
Learn how to start a trademark request in Assignment Center.Assignment Center is a publicly available USPTO system for recording assignments and other docume...
This trademark assignment is between , an individual a(n) (the "Assignor") and , an individual a(n) (the "Assignee").. The Assignor is the owner of certain intellectual property rights, including the trademarks listed on Exhibit A, and all goodwill of any business connected to or symbolized by those (collectively, the "Trademarks").. The Assignor wishes to sell to the Assignee all of its ...
A proper trademark assignment is not just a transfer of registration the way many business assets are transferred. There is a wording specific to trademark assignments known as a "transfer of goodwill" - this is written fully as a transfer of " (1) all the property, right, title and interest in and to the Trademark including all common ...
Assignment recorded: Contains true if an assignment has been recorded or false if not; Case sensitive; AT: Attorney of record: ... Cancelled Trademark registration that's no longer active, so the owner no longer benefits from the rights that come with a federal registration. Common causes include failing to file a required maintenance document ...
A search you complete before applying for a trademark registration to make sure your trademark is available to register for your particular goods or services, ... Search recorded assignment and record ownership changes. MPEP. Classification. Guides and manuals. Trademarks. Trademark search. Search trademark database. TEAS. Forms. Trademark filing.
To transfer ownership of a single trademark application or registration, our cost is $790, including our $750 flat rate and $40 USPTO fee. Our firm charges flat fees for trademark assignments and patent filings. The USPTO recording fee is $40 for the first mark, and $25 for each subsequent marks. For multiple marks, we can draft a single ...
MyUSPTO is a single place for you to actively manage your intellectual property portfolio. Track patent applications and grants, check trademark registrations and statuses, and access our services in your personalized USPTO gateway. I have an account. Log in with your USPTO.gov account. I need an account.
A trademark assignment becomes effective in Russia from the date it is recorded with the Russian Patent and Trademark Office. For successful registration, the assignment agreement and the recordation request should meet the mandatory requirements of national law.
Assignment and licensing of trademark rights are subject to registration with Rospatent. No legalisation or notarisation of documents is required. Assignments of international trademark registrations (but not licences) can be registered with the World Intellectual Property Organisation (WIPO). Lack of registration makes the grant of rights void.
Watch on. Published on: January 29, 2024 14:51. Learn how to start a trademark request in Assignment Center. Assignment Center is a publicly available USPTO system for recording assignments and other documents relating to interests in patents and trademarks. Other ways to view this video.
Response Forms. Response to Office Action Form. Request for Reconsideration after Final Office Action Form. Response to Suspension Inquiry or Letter of Suspension. Request for Extension of Time to file a Response (Trademark Application) Response to Intent-to-Use (ITU) Office action. Response to Post-Registration Office action.
TRADEMARK IN RUSSIA. Moscow Patent Service offers the full range of legal services related to trademarks in Russia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts.
Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Russia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts.