Trademark and Ownership

*The information for this blog can be found at: https://www.uspto.gov/learning-and-resources/uspto-videos/trademarks/tm-newsflash-15-assignments-and-ownership-changes

What happens when the ownership of your trademark changes? This is a common occurrence caused by a business changing its name, selling your business, or assigning your trademark rights to another individual and/or company. Three common types of ownership changes are (1) change in name, (2) change in entity type, and (3) assignment of the trademark.

  1. Change in Name-when the owner of the trademark stays the same, but the owner’s name changes
    • Usually occurs when a woman marries and legally changes her last name, or a company changes its name
  2. Change in Entity Type-when the owner of the trademark stays the same, but the type of entity changes
    • For example, Beer Drinkers LLC registered the trademark but later changes to Beer Drinkers Inc.
  3. Assignment of the trademark-when a party transfers, sells, or assigns its trademark rights to another person or business so the owner of the mark changes

These types of changes can be filed electronically through the Electronic Trademark Assignment System (ETAS) on the USPTO’s website.

Depending on what type of application you file on ETAS, you may need to upload additional documents.

Always, always make sure your records with the USPTO are accurate because you do not want to miss any important USPTO notices or communications regarding your marks.

Contact us!

To talk more about trademarks, the USPTO, or really anything call us at 919-335-5291 or email john@beerlawcenter.com or john@mathesonlawoffice.com

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