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If the trademark application is based on a bona fide intent to use, then the assignment must occur subsequent to the filing of an allegation of use or a statement of use (unless the assignee is a successor of the applicant's business).Once recorded with the United States Patent & Trademark Office ("USPTO"), the record shall be prima facie evidence of execution.The USPTO enables the public to search trademark assignment records online by reel/frame number, serial number, registration number, international registration number, assignor name, assignee name, correspondent name, applicant name or domestic representative.
Keep in mind that Intent-To-Use trademark applications are generally not transferable prior to the original applicant submitting evidence of use of the mark by filing a Statement of Use.
There are certain exceptions to this rule which will require special language in the trademark assignment to effect a proper transfer of an ITU mark.
This can become complicated if more than one person owns the trademark.
A co-owner may assign his or her interest in a mark.
Assignments of trademarks may be express or implied.
Both trademark registrations and applications may be assigned.A trademark assignment is a document signed by the original owner (“assignor) transferring ownership of the trademark to a new owner (“assignee”).In most cases, only the assignor needs to sign the trademark assignment.An executed trademark assignment must be properly recorded with the USPTO to establish a clear chain of title from the old owner(s) to the new owner(s).This will enable the public to search and recognize the new trademark owner.Keep in mind that under these circumstances, both owners must file the necessary post registration documents including renewal applications.However, a trademark owner is not permitted to use an assignment to impose geographic restrictions on a registration.The USPTO provides a helpful online resource on trademark assignments.It is important to specify the details of the trademark(s) to be transferred.The USPTO will record only those assignments that have been recorded in the International Register.Trademark registrants must perform their due diligence before filing their post registration documents.