Trademark Assignment for an Intent to Use Trademark Application

Trademark Assignment for an Intent to Use Trademark Application

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A trademark that has been applied for under Section 2(b) of the Lanham Act is one whose use is intended for the future rather than being based on actual use in the past.  Thus, the assignment of such a trademark must contain a language tweak.  The ongoing business associated with a trademark has to be assigned along with the trademark itself since there is technically no goodwill in a trademark that hasn't yet been used.  As a result, if you have an ITU trademark and want to assign it, this is the form to use; however, the underlying transaction has to be done properly, so while it is beneficial to use this form for educational purposes, when it comes down to actually assigning the trademark, you should seek an attorney's assistance. 

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Trademark Assignment

United States of America 

 

This Assignment is made this                   day of       2006 BETWEEN Assigning Co. Inc. a corporation organized and existing under the laws of _______________________located and doing business at _______________________( (the "Assignor") and

 

Assignee Co. Inc. a _______________________ corporation organized and existing under the laws of _______________________located and doing business at _______________________ (the "Assignee").

 

WHEREAS Assignor has applied for the trademark as set out in the schedule below based on an intent to use said trademarks; and

 

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