Can I transfer ownership of my trademark?

Yes. Trademark ownership can generally be transferred through an assignment. For a U.S. application or registration, the ownership change can be recorded through the USPTO Assignment Center. Special restrictions apply to certain intent-to-use applications.

Ownership is especially important because the wrong applicant can create a substantive problem, not merely a clerical one. The correct owner is generally the person or legal entity that owns and controls the trademark and the associated goods or services at the relevant time.

Trademark ownership generally belongs to the person or legal entity that controls the nature and quality of the goods or services sold under the mark. An assignment transfers ownership from one party to another. A license, by contrast, gives another party permission to use the mark while the original owner keeps ownership.

Ownership changes should be documented carefully because trademark rights are tied to the goodwill of the business. 'Goodwill' means the customer recognition and reputation associated with the mark. A trademark generally should not be transferred as an empty symbol disconnected from the business and goodwill it represents.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.

Intent to use means the applicant has a bona fide, or genuine good-faith, intention to use the mark in commerce but has not yet begun the qualifying use needed for registration.