What is a trademark assignment?

A trademark assignment is a legal transfer of ownership of trademark rights from one party, called the assignor, to another party, called the assignee. The USPTO allows assignments affecting U.S. applications and registrations to be recorded through Assignment Center.

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.

An assignment is a legal transfer of trademark ownership from the current owner (the assignor) to a new owner (the assignee).