As your business grows, or if you decide to invest in another organization, you may find you need to transfer trademark rights between entities or people. Below you’ll find the information you need to submit your transfer application and have a smooth transition into trademark ownership.
Registering With Your Secretary of State Office
When you begin a business entity like a corporation, limited liability company, nonprofit or limited liability partnership, you must register your enterprise name with your local Secretary of State office. If you are a sole proprietor, you probably won’t have to register your name as long as your name is also your business name. However, DBAs, or the name you are “doing business as, must usually be register.
If you started out as a smaller enterprise and have grown into a different organization class, you will have to transfer your trademark to the “new” company. Additionally, if you otherwise change the name of your business, you may need to transfer your trademark rights. Of course, there is also the option that you may be outright buying the rights to a known brand or logo.
Form Sample Fields: Transfer of Trademarked Business Names
Because each state has its own unique trademark regulations, the transfer of trademarked business names form will probably vary across state lines. However, the type of information you are expected to provide should fall along the same lines. To start, you will have to provide basic information about the currently registered trademark and the owner of the related trademark rights. You should be prepared to offer this information:
- Include the amount of your fee, as it may change from state to state.
- Include the file number for your trademark.
- Include the class of your trademark.
- Describe the trademark exactly as it is described on the original registration certificate.
- Give the name of the current owner of the trademark rights.
- Give the full mailing address for the current owner of the trademark rights.
Before moving on to the next section, you may have a paragraph that states the present trademark rights owner is willingly transferring the trademark rights to the interested party. This transfer will also include goodwill connected to the trademark. In the next section, you will be asked more about the trademark rights recipient including:
- Give the name of the intended recipient of the trademark rights.
- Give the full mailing address for the intended recipient of trademark rights.
- If the intended recipient of trademark rights is an entity of any sort, provide the Code State of Formation.
In this last section, you will probably find a paragraph certifying you are authorized to sign for the trademark rights. For example, if you are transferring your rights to a trademark to the organization that arose out of your sole proprietorship, you will have to state explicitly that you are authorized to sign the contract for your entity. The paragraph will also state you understand the legal consequences should you sign the contract under false authority.
- Printed name
- Position title
While your form may have extra sections or other information, you are required to fill the form out in its entirety before filing. All information on your state’s form is a requirement for transferring trademark rights in your state. Additionally, all details on the form will be public. Should you file an incomplete application, your Secretary of State Office will not approve your registration and may halt the processing procedure until all required information is provided.
While choosing your business name may be a fun endeavor, navigating the trademark rights can be a bit of a challenge. Before you file your form, make sure to have your legal team look over it to catch any unintentional mistakes.
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.