Can a Trademark be transferred or assigned?

Elliott Stapleton Trademark

Yes, a registered Trademark can be assigned or transferred; subject to some restrictions on Intent-to-Use applications.  Assignments must be recorded with the United States Patent and Trademark office.

If a business is sold in full, the Trademark will be transferred along with the company.  If, however, the sale is an asset purchase agreement, an assignment will be necessary.  This type of asset will typically be referred to as intangible property or Goodwill.

 

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About the Author

Elliott Stapleton

Elliott is a partner in the firm of Cornetet, Meyer, Rush and Stapleton, LPA. His business clients range from small single member companies to large privately held businesses.

Elliott’s legal services include advice on Business Formation and Transactions, Real Estate Transactions, Trademark Law, Copyright Law, Estate Planning, and Probate Administration.