Jurisdiction:
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.