Trademark Assignments

When a trademark owner decides to sell their business or transfer ownership of their trademark to another party, a trademark assignment becomes necessary. Assignments are legal processes that enable the transfer of a trademark from one owner to another, ensuring that the new owner has the legal rights to use and protect the trademark.

A trademark assignment generally must include the transfer of the associated goodwill connected with the mark. Goodwill refers to the reputation, customer loyalty, and positive associations that a trademark has acquired through its use in commerce. The transfer of the goodwill is essential to maintain the continuity of the trademark’s identity and prevent consumer confusion.

The process of making an assignment is significantly faster than the initial application and renewal process, but it can still result in errors or other issues. If you receive a Notice of Non-Recordation, it means that the assignment was unsuccessful. Additionally, the USPTO may not sufficiently update its database to reflect the change in its records, regardless of whether your application was successful or not.

If you’re struggling with the process of assigning a trademark to a new owner or changing the name on the original trademark, contact Harrigan IP. We can review your case and determine the best course of action to ensure that your trademark is correctly assigned to the right people.