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5 Detail and Free Assignment of Trademark Form Samples

Trademark Agreement Sample

This Trademark Assignment (the Agreement) is made and effective this 11th day of July, 2009,
BETWEEN: [COMPANY NAME] (the ‘Assignor’), a corporation organized and existing under the laws of the [STATE] with its head office located at: [STREET], [CITY], [STATE] [ZIP CODE]
AND: [COMPANY NAME] (the ‘Assignee’), a corporation organized and existing under the laws of the [STATE] with its head office located at: [STREET], [CITY], [STATE] [ZIP CODE]
WHEREAS, Assignor, is the owner of that certain trademark identified as follows: [DESCRIBE], the Trademark); and
WHEREAS, Assignee, wishes to acquire the entire rights, title, and interest in the Trademark.
NOW, the parties agree as follows:
1. ASSIGNMENT
Assignor does hereby irrevocably assign to Assignee all rights, title, and interest (including but not limited to, all registration rights with respect to the Trademark, all rights to prepare derivative marks, all goodwill and all other rights), in and to the Trademark.
2. CONSIDERATION
In consideration for the assignment set forth in Section 1, Assignor shall pay Assignee the sum of [AMOUNT], payable on [DATE].
3. REPRESENTATIONS AND WARRANTIES
Assignor represents and warrants to Assignee:
a. Assignor has the right, power and authority to enter into this Agreement;
b. Assignor is the exclusive owner of all right, title and interest, including all intellectual property rights, in the Trademark;
c. The Trademark is free of any liens, security interests, encumbrances or licenses;
d. The Trademark does not infringe the rights of any person or entity;
e. There are no claims, pending or threatened, with respect to Assignor’s rights in the Trademark;
f. This Agreement is valid, binding and enforceable in accordance with its terms; and
g. Assignor is not subject to any agreement, judgment or order inconsistent with the terms of this Agreement.
h. the Assignee can register and dispose of the copyright in the Work in the Assignee’s own name.
4. ATTORNEY’S FEES
Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to litigation to enforce this Agreement, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys’ fees and costs in such litigation from the party against whom enforcement was sought.
5. ENTIRE AGREEMENT
This Agreement, contains the entire understanding and agreement between the parties hereto with respect to its subject matter and supersedes any prior or contemporaneous written or oral agreements, representations or warranties between them respecting the subject matter hereof.
6. AMENDMENT
This Agreement may be amended only by a writing signed by both parties.
7. SEVERABILITY
If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.
8. AGREEMENT TO PERFORM NECESSARY ACTS
Assignee agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement.
9. GOVERNING LAW
This Agreement shall be construed in accordance with, and all actions arising hereunder shall be governed by, the laws of the State of [STATE/PROVINCE].
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
ASSIGNOR ASSIGNEE
Stephen Cochran
President
Bruce Jacobs
President

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Assignment of Trademark Sample

This agreement entered this [day] of [month], [year] between [name of assignor] , of [address], City of [city]

State of [state] , herein referred to as “Assignor”, and [name of assignee] of [address], City of [city], State of [state] , herein referred to as “Assignee”.

That Assignor has adopted and is using a mark registered in the United States Patent Office, Registration No.

[number], dated [date] and Assignee is desirous of acquiring such mark and the registration thereof.

That for good and valuable consideration, the receipt of which is hereby acknowledged, Assignor does hereby assign to Assignee all rights, title and interest in and to said mark, the goodwill of the business symbolized by said mark, along with the registration thereof, the number of which is contained herein.

Date____________________

________________________

[Signature]

[Acknowledgment]

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Assignment of Trademark

The undersigned _, of _ [Company], being the lawful owner of a certain trademark registered in the United States Patent Office under registration number _, dated _, 19_ [Trademark], for good  consideration does hereby sell, transfer and convey all right, title and interest in said trademark and convey all right, title and interest in said trademark and good will attaching thereto, unto _ [Buyer].

Signed under seal this _ day of _, 19_.

By:_____________________________

State of _

County of _                 Date: _

Then personally appeared _ who acknowledged the foregong, before me.

 

[Notary Seal]                      _______________________________

Notary Public

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TRADEMARK ASSIGNMENT TEMPLATE

_______________, (“Assignor”), a ____________ corporation with its principal offices at________________________________, is the owner of the trademark, __________________ which is presently registered in the United States Patent

and Trademark Office as follows:
Registration Number_____________
Date of Registration:________________

_______________, (“Assignee”), a ____________ corporation with its principal offices at________________________________, desires to acquire all right title and interest in the trademark___________, the good will symbolized by the mark, and the registration of the trademark.

Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby sell, assign, transfer and set over to Assignee, its successors, and assigns, all right, title, and interest in said mark, along with the registrations together with the good will symbolized by the mark throughout the United States along with the right to recover for damages and profits for past infringements of the trademark.

Assignor warrants that it is the legal owner of all right, title and interest in the trademark, that the trademark has not been otherwise previously pledged, assigned, or encumbered and that this assignment does not infringe on the rights of any person.

Assignor agrees to cooperate with Assignee and to execute and deliver all papers, instruments and assignments as may be necessary to vest all right, title and interest in and to the aforesaid trademark, including, without limitation, recordation of the assignment in the United States Patent and Trademark Office.

ASSIGNOR
By:________________________
[Title]
Certificate of Acknowledgment of Notary Public
State of__________________________________)
County of________________________________)
On_____________________, before me,______________________________, a notary public in and for said state, personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her authorized capacity and that by his or her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of ___________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.

_____________________________________ Notary Public for the State of______________ My commission expires__________________

[NOTARY SEAL]

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Assignment of Trademark Form

The undersigned of [COMPANY NAME] (Owner) who registered in the United States Patent Office under registration number U.S. Patent Registration Number, 7/11/2009, Trademarked Product Name(Trademark), for good consideration does hereby sell, transfer and convey all right, title and interest in said Trademark and all rights and goodwill attaching thereto, unto [COMPANY NAME] (Buyer) of [STREET], [CITY], [STATE] [ZIP CODE].
[STATE]

Assignment Rules and Regulations

United States Patent and Trademark Office §10(15 U.S.C. §1060)

(a)(1) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Notwithstanding the preceding sentence, no application to register a mark under section 1(b) shall be assignable prior to the filing of an amendment under section 1(c) to bring the application into conformity with section 1(a) or the filing of the verified statement of use under section 1(d), except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing.

(2) In any assignment authorized by this section, it shall not be necessary to include the good will of the business connected with the use of and symbolized by any other mark used in the business or by the name or style under which the business is conducted.

(3) Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of an assignment, and when the prescribed information reporting the assignment is recorded in the United States Patent and Trademark Office, the record shall be prima facie evidence of execution.

(4) An assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information reporting the assignment is recorded in the United States Patent and Trademark Office within 3 months after the date of the assignment or prior to the subsequent purchase.

(5) The United States Patent and Trademark Office shall maintain a record of information on assignments, in such form as may be prescribed by the Director.

(b) An assignee not domiciled in the United States may designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the assignee does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served upon the Director.

Trademark Owner Warranty and Assignment Agreement

The Owner warrants that said Trademark is in full force and good standing and there are no other assignment of rights or licenses granted under said Trademark, or known infringements by or against said Trademark.

Owner further warrants that he is the lawful Owner of said Trademark, that he has full right and authority to transfer said Trademark, and that said Trademark is transferred free and clear of all liens, encumbrances and adverse claims.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
Signed under seal this September 1Bth, 2007

Trademark Owner’s Name (Trademark Owner)
Owner’s Address
Owner’s City, owner state abbreviations, Owner’s Zip Code

Buyer Name (Buyer)
Buyer Address
Buyer City, buyer state abbreviations, Buyer Zip Code

State of: State of Signed Document
County of:
On __________________, before me, __________________________________, personally appeared Trademark Owner’s Name, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.

Signature:__________________________
Affiant:________Known ________Produced ID
Type of ID:_________________________

Notary
(Seal)
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