Perhaps most importantly, it is critical to remember that there are two fundamental stages to any trademark transfer. The Transfer agreement between the different business entities and the recording of such a trademark transfer with the United States Patent and Trademark Office (USPTO). The former should thoroughly document all of the terms and conditions which will govern trademark transfer. Once the nature of the transfer has been properly memorialized between the parties, the trademark transfer must be documented and recorded with the USPTO. The government filing fee is associated with the transfer is presently $40. Failure to register the trademark transfer with the USPTO can result in trademark infringement and a variety of other legal woes. Please note, Trademark transfers for International Trademarks filed through WIPO and under the auspices of the Madrid Protocol need to be transferred in a separate office from the USPTO. Contact your Trademark Lawyer to learn more.
How to Transfer a Trademark
A trademark transfer occurs when the rights to a trademark are sold or licensed from one owner to another. Such an agreement can be beneficial indeed to both the seller and buyer if structured properly. The trademark transfer can be organized so that the terms are governed on a temporary, contractual basis or permanently. A trademark transfer allows the transferor to further monetize his brand in ways that might not be readily available with current resources. Trademark transfers are complex in that they can encompass a variety of formulations including full and/or partial trademark assignments.