Trademark Assignment for an Intent to Use Trademark Application

Trademark Assignment for an Intent to Use Trademark Application

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Area of Law: 

A trademark that has been applied for under Section 2(b) of the Lanham Act is one on which your use is intended in the future, rather than based on actual use in the past.  Thus, the assignment of such a mark must be with a tweak to the language of the assignment.  The ongoing business associated with a mark has to be assigned along with the mark itself, since there is technically no goodwill in a trademark that hasn't yet been used.  Thus, if you have an ITU trademark and want to assign it, this is the form, but the underlying transaction has to be done properly...thus, as usual, our advice is to use this form to get up to speed, but to stop being a cheap'o and hire an attorney.

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Trademark Assignment

United States of America 

 

This Assignment is made this                   day of       2006 BETWEEN Assigning Co. Inc. a corporation organized and existing under the laws of _______________________located and doing business at _______________________( (the "Assignor") and

 

Assignee Co. Inc. a _______________________ corporation organized and existing under the laws of _______________________located and doing business at _______________________ (the "Assignee").

 

WHEREAS Assignor has applied for the trademark as set out in the schedule below based on an intent to use said trademarks; and

 

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