Discussion:
What is the name of your state? Texas
In filing an intent to use trademark app. I chose joint applications b/c my partner and I have not yet formed a company. When we start selling t-shirts, etc. through an inc. that we are planning to form is that going to cause problems for us? Should we hurry up and incorporate and then apply for an ammendment to change our filing status? Is it possible to change that status at a later date? Thanks, Layla
Answer:
From the USPTO website:
"Can the ownership of a trademark be assigned or transferred from one person to another?
Yes. A registered mark, or a mark for which an application to register has been filed is assignable. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee. Specific inquiries should be referred to the Assignment Division (703-308-9723). [NOTE: Certain exceptions exist concerning the assignment of Intent-to-Use applications.] For the guidelines for filing an assignment and the assignment form itself, click on Assignments [PDF] . "
Should we hurry up and incorporate and then apply for an ammendment to change our filing status? Is it possible to change that status at a later date? See above. Since the trademark can be assigned to someone else later, there is no need to hurry up and incorporate prior to filing -- you can always assign the trademark later after the mark is registered and the corporation formed.