Title Class 2.pptx ✅

Today’s Topics Trademark assignment under U.S. law The (fading?) requirement of assignment with goodwill Trademark practice vs. trademark theory Class exercises
Trademark Transactions Under most national trademark laws “a registered trademark is personal property” As any other personal property, the law thus provides that trademark registrations or applications for registration can be the subject of: An assignment A license The granting of a security interest
Trademark Assignment Today A mark can be assigned as “other personal or movable property” and can be assigned “either in connection with the goodwill of a business or independently” In several jurisdictions, trademarks cannot be assigned without the goodwill of the business Assignment can be partial and apply in relation to only some of the products for which the trademark is registered In general, an assignment must be in writing and signed by or on behalf of the assignor (corporate assignor must affix its seal) In general, where the assignment relates to a pending application, the assignee acquires the rights and benefits of the assignor as from the date of the assignment (not the date of the application)