Benjamin Appelbaum, Attorney at Law

What to know about transferring a trademark

It may be possible for a New Jersey trademark holder to transfer that mark to another party. Once the transfer occurs, that party has the same right to use and defend it against infringement that the original owner once had. In the event that only one mark is being transferred, the process may be relatively easy. However, that may not be the case if multiple marks are being transferred.

It may be even more complicated if the marks are being transferred in multiple countries. This is because each one must be recorded wherever the mark has been assigned. To make the process easier, make sure ahead of time that the assignment covers all the marks in a given jurisdiction. In addition to saving time, this may save money on assignment and other fees.

In the event that the new trademark owner's correct address is not on file, it may be easier to create multiple documents assigning one to each possible address. This may avoid the need to wait until addresses can be updated prior to transferring the marks. It is always a good idea to watch out for any impending deadlines between the time a transfer is effective and when documents must be filed. Missing such deadlines may result in financial penalties as well as issues with the transfer.

Having a trademark may help to increase the value of a business. Regardless of why a transfer may occur, it may be best to do so with the help of an attorney. This may be especially true if transfers are taking place in multiple jurisdictions.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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Flanders, NJ 07836

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