Top 10 Trademark Mistakes #7

One of the most common mistakes I see made in assigning trademarks is in the Assigning of the trademarks.

Assigning trademarks is NOT like selling a boat or a house form Assignment Agreement almost always mess the assignment up!

Just one example:
Trademarks live and die by the public's association of the mark with it's owner or source of origin.

So, when assigning your Trademark, you must take into account that association by assigning the goodwill it has attracted. Failing to do so INVALIDATES the assignment, and the Trademark Office will refuse to record it.

Yes, there are others.

And, tax consequences (I'm not a tax attorney but can direct you to those who do and who are familiar with the consequences of these types of transactions).

Recording the Assignment is equally perilous.

Often, trademark owners fail to record the entire chain of transfers, or make other predictable mistakes that can easily triple or more the costs of recording an assignment, and significantly delay the recording.

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