Trademark / Service Mark Assignment - Kentucky

Trademark/Service Mark Assignment is a legal document that was released by the Kentucky Secretary of State - a government authority operating within Kentucky.

FAQ

Q: What is a trademark?
A: A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services.

Q: What is a service mark?
A: A service mark is similar to a trademark but is specifically used to identify and distinguish services.

Q: What is a trademark assignment?
A: A trademark assignment is the transfer of ownership of a trademark from one party to another.

Q: Why would someone assign a trademark?
A: Someone may assign a trademark if they sell their business, change their business name, or no longer need the trademark.

Q: What is the process for a trademark assignment in Kentucky?
A: To assign a trademark in Kentucky, a written assignment agreement should be prepared and signed by both the current owner and the new owner. The assignment should also be recorded with the Kentucky Secretary of State.

Q: Is it necessary to record the trademark assignment?
A: Recording the trademark assignment is not required by law, but it is recommended in order to put others on notice of the new ownership.

Q: What happens if a trademark assignment is not recorded?
A: If a trademark assignment is not recorded, the new owner may have difficulty enforcing their rights against others who may claim ownership of the mark.