In order to transfer the ownership of a trademark, a proper “trademark assignment” must be completed and filed with the USPTO. If you do not properly transfer the trademarks, your trademark registration could become worthless due to a chain of title defect. We are experienced at filing assignments for our clients.
Any transfer of a trademark must include the underlying goodwill. Otherwise, the prior first-use date and use will not apply to the new owner.
A typical asset transfer does not usually include the right to sue for past infringements, which is needed to fully protect a trademark.
Even simple “name changes” need to be properly recorded with the USPTO.
