Check a trade mark assignment before it is recorded
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the assignment the lawyer supplies, list the mark, the registration or application number, the assignor, the assignee, the date, and the sentence that mentions goodwill, with the page. Write no sentence of a recordation form.
- What the lawyer must review
- 15 U.S.C. § 1060(a)(1) provides that a registered mark, or a mark for which an application to register has been filed, shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Section 1060(a)(3) requires assignments by instruments in writing duly executed. Acknowledgment is prima facie evidence of execution, and when the prescribed information reporting the assignment is recorded in the USPTO, the record is prima facie evidence of execution. Under § 1060(a)(4), an assignment is void against a subsequent purchaser for valuable consideration without notice unless that information is recorded within three months after the date of the assignment or prior to the subsequent purchase. You confirm the goodwill language and you record.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.