TRADEMARK ASSIGNMENT IN USA- PROCEDURE AND REQUIREMENTS
The Lanham Act, 1946 provides for trademark assignment in USA cunder Section 10. The provision states that “A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark.”
Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of an assignment, and when the prescribed information reporting the assignment is recorded in the United States Patent and Trademark Office, the record shall be prima facie evidence of execution.
A non-resident assignee or an assignee not domiciled in the U.S. must designate a person domiciled in the U.S. for the purpose of receiving notices served in relation to the assignment. The documents required for filing assignment is duly executed Deed of Assignment