IP Contracts and Legalities of Trademark Transfers

A well-drafted IP contract is vital when transferring ownership. You want to ensure that terms relating to all aspects of the trade mark and its resemblance are covered and that both the benefits and the liabilities that could arise in the future are clearly agreed upon.

You’ll also want to confirm the legal formalities surrounding a successful transfer and the trade mark itself:

Is the trademark registered in the class you wish to use?

Is it registered in the countries you wish to operate in?

Is it still valid, or does it risk being struck off?

Is that which is being transferred agreed upon (for example, is it a partial assignment or complete assignment of the rights)?

More to consider than you first thought, right? The complexity of issues like legal ownership changes of intellectual property rights usually requires a specialist lawyer to consult throughout the process, plus draft and review documents, contracts and more. After all, you don’t want to get something wrong, or not account for a particular situation, and then run the risk of a costly dispute in the future.

Need expert support with a
trademark valuation or transfer?

If you’d like help with a trademark assignment, or anything to do with transferring the ownership of intellectual property, including trade marks, design rights and copyright, we’re here to help. This is an area we specialise in. Get in touch with our IP team today to organise a free consultation.

Frequently Asked Questions

Anybody introducing a new brand identity or planning on offering newly branded services or products should take the necessary steps to protect their trademark.

The answer to this question will differ from agency to agency and based on staffing changes and enhanced technologies at the United States Patent and Trademark Office. If you’re asking us specifically, you can count on the entire application process to take from 08 to 12 months.

It can take up to 10 years. Also, the registration can easily be renewed so long as you have made sure to maintain an uninterrupted use of your trademark in interstate commerce.

If you have a federally registered trademark, you will be able to use the ® symbol. For every other mark, whether unregistered or registered, you will not be required to add a designation. However, we always advise mark owners to attach the ‘SM’ or ‘TM’ symbol to tell the industry that your company name, logo, or symbol is proprietary to your services or goods.

We always tell our clients that we aren’t ‘oddsmakers’. In other words, you get exactly what you pay for. Our teams are skilled in improving the likelihood of your success. They perform clearance to search for similar trademarks before sending out an application and picking a highly distinctive mark.

We Help Drive Your Innovations in The Fast Lane. Complete Your Trademark Registration in Just 3 Simple Steps.Submit Your Trademark Information Spend a couple of minutes filling out a simple questionnaire. This will initiate your registration process for your trademark.Select Your Service & Make the PaymentGet all the details in order! Select your coveted service with Trademark Nova & make the payment for your desired services.Thorough Evaluation & Trademark FilingTo ensure that your trademark is completely unique, our team conducts a thorough trademark search across numerous databases and then file your trademark with USPTO.