us trademark assignment fee

USPTO Trademark Assignment: Everything You Need To Know

USPTO trademark assignment is the process of assigning a trademark you have registered with the U.S. Patent and Trademark Office to a third party. 3 min read updated on February 01, 2023

Updated November 25, 2020:

USPTO trademark assignment is the process of assigning a trademark you have registered with the U.S. Patent and Trademark Office to a third party. A trademark is a symbol, word, device, phrase, or combined elements that represent your business or brand. When this mark is associated with the quality of your services, it is a valuable form of intellectual property (IP). Because this is considered an asset, it can be assigned. Assignment means to transfer the ownership rights of your trademark to a third party in exchange for profit or benefit. Registered and pending trademarks, as well as patents and patent applications, can be assigned. You must file an assignment agreement with the USPTO. Business reorganization, acquisition, and other circumstances may result in a trademark assignment.

Steps in Assigning a Trademark

• Draft an assignment agreement and have it signed by both parties. Name the person or company buying the trademark as the assignee and the current trademark owner as the assignor. Clearly identify both these parties as well as the trademark in question. Establish terms such as the cost of the trademark, how disputes about the assignment will be settled, and who will pay the transfer fee.
• Fill out the Recordation Form Cover Sheet, which can be completed online. You'll need to include the name and address of a registered agent to receive official USPTO information.
• Submit both the agreement and the cover sheet to the USPTO's Assignment Recordation unit. This can be done online, by fax, or through standard mail. The latter two options require you to establish a deposit account to pay the USPTO recording fee. Mailed forms can be submitted with a money order or check payable to the USPTO director.
• If your trademark is state-registered, you must also record the transfer with the applicable state.
• The USPTO Patent and Trademark Database will be automatically updated for assignments as well as name changes and mergers. When filling out your form, check one of those boxes for the nature of conveyance to ensure that records are updated. Do not select other, which will not update the record. The records will also not be updated if you file multiple documents with the same execution date, the application is in a blackout period, or you have exceeded the allowed number of ownership changes. In these cases, you must make a written request to have the database updated.
• Choose the correct conveyance type, either assignment of part of the interest or assignment of the entire interest along with the associated goodwill.

Points To Remember

All trademark transfers must also include the mark's associated goodwill . This includes the earning power created by customer recognition of the mark. Trademark assignment may be found invalid if the goodwill does not accompany the transfer of the mark.

Failing to follow the ownership transfer procedures can result in liability if the assignee infringes on a third-party trademark. If you buy a trademark and the original owner does not transfer ownership, a dispute could result.

Check the database to determine whether the updates have been made. Click ownership to display the current owner or assignment to display the entire chain of title.

Do not use assignment if you simply need to change your name as the trademark owner. Instead, record the name change through the USPTO Assignment Recordation Branch .

Patent and Trademark Ownership

When it comes to a patent, owning the patent gives you the exclusive right to sell, manufacture, and use the invention in question. Patents last for 20 years while trademark registration lasts for 10 years and can be renewed. The term ownership references the current holder of a trademark or patent. If you own a registered trademark, no one else can use that mark on their products or services, and imports carrying an infringing mark may be blocked from entry by U.S. Customs and Border Protection.

Assignment Fees

While trademark assignment once carried a $25 fee and a $40 fee was required for trademarks, the USPTO recently discontinued this fee for patents and not for trademarks. That's because trademarks are rarely assigned while the assignment is quite common in the fast-paced world of patents.

If you need help with USPTO trademark assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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• Trademark Assignment Recordation
• Trademark Transfer: Everything You Need To Know
• How Long Does a Trademark Last
• Trademark Law
• Selling Trademarks
• Trademark Checklist
• Are All Trademarks and Names Legally Protected
• Available Trademarks
• What does Trademark Mean
• Purpose of Trademark

Trademark assignment—How-to guide

Find out more about business management

by   LegalZoom staff

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Updated on: February 15, 2024 · 10 min read

1. Overview

• 2. Do's & don’ts checklist

3. Trademark assignment instructions

A company’s ability to buy and sell property is essential to its long-term life and vitality. Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, or creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs. When it does come time to grow a business, companies looking to purchase property (including trademarks or software) to support their growth must be sure that the seller does, in fact, have title to the desired items. A properly drafted trademark assignment can help in both circumstances. 

A trademark assignment is the transfer of an owner’s property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.

If you follow the enclosed sample and guidelines, you will have a written acknowledgment of the rights and responsibilities being transferred as part of your sale. This will provide essential documentation of ownership and liability obligations, and you will be well on your way to establishing a clear record of title for all of your trademarks. 

2. Do's & don’ts checklist

• A trademark protects names, terms, or symbols used to identify the products of a certain manufacturer or company. This includes brand names like “Coca-Cola” and images like Nike’s famous “swoosh.” A trademark assignment is the transfer of ownership rights in a mark from one party to another. Both the trademark and the goodwill or business associated with it must be conveyed: a transfer without goodwill is considered invalid. Keep this in mind if you revise the language of the enclosed document.
• An assignment is different than a license, which is a grant of permission to use a trademark in some restricted way (e.g., a limited time, specific purpose, particular area, etc.). A transfer of partial rights is not a trademark assignment: do not revise the agreement to limit the reach of the rights being provided.
• A trademark transfer is typically accomplished through a contract, like the written agreement form that follows. However, after the parties have negotiated and signed their agreement, the transfer must be recorded with the U.S. Patent and Trademark Office (USPTO). The agreement will not be effective if this registration is not made.
• The advantage of selling your trademark outright (and not simply licensing or attempting to develop and market it yourself) is that you are guaranteed payment at the price you and the purchaser have negotiated. On the other hand, that one-time payment is all that you will ever receive for your property: you will no longer have the right to control anyone else’s use of your creation. By using it yourself or offering a temporary license, you retain the potential for future income. However, such income is by no means certain, and your opportunities are paralleled by risk. Before selling all of your rights in a trademark, make sure that this is the best (and most lucrative) approach for you and your company.
• Do not enter into an agreement without completing your due diligence. If you are purchasing a trademark, conduct searches with the USPTO, all 50 states, DBA filings, other government agencies, and online directories to make sure the seller actually has complete and unique rights in the offered property. Although your findings will not guarantee title, you may have protection as an “innocent purchaser” if disputes arise. You might also find critical information about the valuation and breadth of the mark. Consider hiring a professional to help in your investigation: comparing trademarks often requires a specialized understanding of what marks will be considered confusingly similar or deceptive. 
• If you are selling a trademark, make sure you own it. Although this may seem obvious, ownership of intellectual property is rarely clear-cut. For example, you may have a name that you think of as your trademark, but unless you have used it in business, you do not have rights in that mark. Even if you have been using a mark in your business, another company may have started using it before you and have priority rights in that mark. A thorough search of the relevant marketplace and registry office should be conducted before you attempt to sell your trademark.
• Both parties should review the assignment carefully to ensure that all relevant deal points have been included. It is better to be over-inclusive than under-inclusive. Do not assume that certain expectations or terms are agreed to if they are not stated expressly in the document.
• Sign two copies of the assignment, one for you and one for the other party.
• It’s a good idea to have your assignment notarized. This will limit later challenges to the validity of a party’s signature or of the transfer itself.
• If your agreement is complicated, do not use the enclosed form. Contact an attorney to help you draft an assignment that will meet your specific needs. 

The following provision-by-provision instructions will help you understand the terms of your assignment. The numbers and letters below (e.g., Section 1, Section 2, etc.) correspond to the provisions in the agreement. Please review the entire document before starting your step-by-step process. 

• Introduction of parties. Identifies the document as a trademark assignment. Write in the date on which the agreement is signed. Identify the parties and, if applicable, what type of organization(s) they are. Note that each party is given a name (e.g., “Assignor”) that will be used throughout the agreement. The Assignor is the party that is giving (“assigning”) its ownership interest, and the Assignee is the party receiving it.
• Recitals. The “whereas” clauses, referred to as recitals, define the world of the assignment and offer key background information about the parties. In this agreement, the recitals include a simple statement of the intent to transfer rights in the trademark.
• Section 1: Assignment of marks. The assignment and acceptance of the assignment of the trademarks and service marks. Note that the marks being assigned are not described in the agreement itself. The assignment references “Schedule 1,” and explains that the full description is located on that schedule. Be as complete and clear as possible in your description of the property being transferred.  Note too the emphasis placed on the goodwill being sold with the property. Goodwill can be defined as the intangible value of a piece of property (e.g., a brand’s reputation and recognizability). Remember that this is an essential element of a trademark transfer: assignments attempted without goodwill are considered invalid.
• Section 2: Consideration. In most agreements, each party is expected to do something. This obligation may be to perform a service, transfer ownership of property, or pay money. In this case, the Assignee is giving money (sometimes called “consideration”) to receive the Assignor’s property. Enter the amount to be paid, and indicate how long the Assignee has to make that payment after the agreement is signed.
• 3(a): it is the owner
• 3(b): it has not sold or transferred the marks to any third party.
• 3(c): it has the authority to enter the agreement.
• 3(d): it does not believe that the marks have been taken from any third party without authorization (e.g., a knowing copy of another company’s trademark).
• 3(e): it does not know of any permissions that have to be obtained in order for the assignment to be completed. In other words, once the agreement is signed, the assignment will be effective without anyone else’s input.
• 3(f): the marks weren’t created while the creator was employed by a third party. In many cases, if an individual was employed by a company and came up with a product, the company will own that product. This section offers assurance to the Assignee that there are no companies that will make that claim about the marks being sold. If you and the other party want to include additional representations and warranties, you can do so here. 
• 4(a): has the authority to enter the agreement.
• 4(b) has enough funds to pay for the assignment. 
• If you and the other party want to include additional representations and warranties, you can do so here. 
• Section 5: No early assignment. Prevents the Assignee from re-transferring the marks, or using them as collateral for loans, until it has made complete payment of the money due under the agreement. 
• Section 6: Documentation. The Assignor’s promise to help with any paperwork needed to complete an assignment (e.g., filing information about the assignment with the USPTO and transferring document titles). The bracketed phrases make the additional promise that the Assignor will help with transfer paperwork for filings outside of the country. If this is not relevant to your agreement, delete the bracketed phrases.
• Section 7: No further use of marks. Indicates that after the effective date of the agreement, the Assignor will stop using all of the trademarks being transferred and will not challenge the Assignee’s use of those marks.
• Section 8: Indemnification. A description of each party’s future obligations if the trademark is found to infringe on a third party’s rights. There are two options provided, and you should choose the one that best fits with your situation. In the first, the Assignor takes all responsibility for infringement, promising to pay all expenses and costs relating to the claim. In the second, the Assignor makes its responsibilities conditional, greatly limiting its obligations if a claim is brought. Select only one of these options, and delete the other.
• Section 9: Successors and assigns. States that the parties’ rights and obligations will be passed on to successor organizations (if any), or organizations to which rights and obligations have been permissibly assigned.
• Section 10: No implied waiver. Explains that even if one party allows the other to ignore or break an obligation under the agreement, it does not mean that the party waives any future rights to require the other to fulfill those (or any other) obligations.
• Section 11: Notice. Lists the addresses to which all official or legal correspondence should be delivered. Write a mailing address for both the Assignor and the Assignee.
• Section 12: Governing law. Allows the parties to choose the state laws that will be used to interpret the document. Note that this is not a venue provision. The included language will not impact where a potential claim can be brought. Write the applicable state law in the blank provided.
• Section 13: Counterparts/electronic signatures. The title of this provision sounds complicated, but it is simple to explain: it says that even if the parties sign the agreement in different locations, or use electronic devices to transmit signatures (e.g., fax machines or computers), all of the separate pieces will be considered part of the same agreement. In a modern world where signing parties are often not in the same city—much less the same room—this provision ensures that business can be transacted efficiently without sacrificing the validity of the agreement as a whole.
• Section 14: Severability. Protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting choice-of-law clauses, it will not undo the entire agreement. Instead, only the section dealing with the choice of law would be invalidated, leaving the remainder of the assignment enforceable.
• Section 15: Entire agreement. The parties’ agreement that the document they’re signing is “the agreement” about the issues involved. Unfortunately, the inclusion of this provision will not prevent a party from arguing that other enforceable promises exist, but it will provide you some protection from these claims.
• Section 16: Headings. Notes that the headings at the beginning of each section are meant to organize the document and should not be considered operational parts of the note.
• Schedule 1: List of trademarks and/or service marks. In order for a trademark assignment to be effective, the marks being transferred must be clearly identified. Be thorough in your description and attach any registrations or samples that you may have. If you do include samples, reference the inclusion of those samples in the schedule (e.g., “See attached drawing.”).

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Trademark Assignment: How to Transfer Trademark Ownership

Trademarks are valuable representations of the goodwill of your business that connects a specific product to your brand for your consumers. As your startup or business matures (or if you acquire a company) you will likely need a trademark assignment agreement. This is a type of agreement for transferring ownership that provides a variety of business benefits necessary for protecting purchased or transferred trademark rights.

Table of Contents

What Is Trademark Assignment?

A trademark assignment is the formal process for transferring the ownership of a trademark and the associated rights that ownership provides (e.g., use, licensure, further assignment, etc.). Often, a trademark assignment is part of a larger transaction such as an asset purchase agreement or a corporate reorganization.

When Is the Assignment of Trademark Procedure Necessary?

You will need an assignment of trademark any time you are transferring trademarks permanently. Such transfers can be within a larger corporate structure (e.g., from a parent company to a subsidiary), to a family member (e.g., via an estate administration), or to an outside party via sale.

For situations that don’t involve the owner of the trademark transferring to a new owner, you may consider a trademark licensing agreement. Unlike a trademark assignment, a license does not transfer ownership, and instead, gives the rights commonly associated with ownership. For example, you typically see trademark licensing in the context of franchise agreements, merchandising, endorsement deals, etc.

Here’s How to Transfer Trademark Ownership

The process for transferring a trademark via assignment may vary depending on the context of your situation. Relevant to determining the process will be the nature of the transaction along with the relationship between the assignee and assignor. Your checklist will also vary depending on if you are the buyer or seller of the trademark. That said, you will generally consider the following steps for a complete assignment:

• Due diligence
• Determine authority to transfer the trademark
• Execute trademark assignment agreement (What should be included in a trademark assignment form)
• Complete ancillary agreements necessary to give effect to trademark transfer
• Notify the U.S. Patent and Trademark Office (USPTO) of change of ownership

1. Due Diligence

Not all trademarks are created equally because of their rights that exist in common law and through statutory law at the state and federal levels. As a result, it’s important to research the trademark status before taking possession. Primarily, you will want to search for its registration number with applicable state and federal agencies (i.e., the USPTO). Having a registered mark improves your ability to enforce against trademark infringement and protect its value after acquisition as part of the goodwill of the business.

2. Determine Authority to Transfer the Trademark

Another integral part of transferring a trademark through an assignment is verifying that the assignor has the authority to transfer the title to the assignee. Your Florida trademark lawyer will be able to help you verify that authority, but you will generally check in two ways. The first will be confirming ownership reflected on trademark registration documents recorded with the USPTO. However, you will also want to confirm that ownership and authority via the business entity organizational documents.

3. Execute Trademark Assignment Agreement

After completing proper due diligence, you will need to execute a trademark assignment agreement. The purpose of the agreement is to provide evidence of the transfer and to allocate rights and obligations among the assignor and assignee.

What Should Be Included in a Trademark Assignment Form?

The contents of your trademark assignment agreement will also depend on the nature of the transaction and the relationship between the original owner and the new owner of the mark. Typically, you will see the following elements with a trademark assignment form contract:

• Names of the parties and the agreement’s effective date
• Recitals explaining the circumstance for the trademark transfer (e.g., gift, reorganization, purchase asset agreement, etc.)
• Consideration for the intellectual property transfer (e.g., value exchanged such as cash, real estate, or other personal property
• Representations and warranties surrounding past use, current owner, etc.
• Indemnity surrounding past or future claims related to the use of the trademark
• Conflict resolution provisions (e.g., mediation, arbitration, governing law, choice of venue, etc.)

4. Complete Ancillary Agreements

As mentioned above, transferring ownership of the trademark is likely part of a larger transaction such as the sale of a company. This fact usually means you will need to complete other contracts and documents for the assignment to be enforceable. To name a few, such documents might include:

• Asset purchase agreement
• USPTO forms
• Assumption of liability agreement
• Intellectual property licensing agreements
• Corporate consent resolutions

5. Notify the USPTO of Change of Ownership

Part of a complete assignment of a trademark will require finishing the USPTO application process for a name change on the trademark registration. It’s important to notify the USPTO of the change in ownership and to update contact information for future correspondence related to your trademark. Additionally, maintaining accurate information with the USPTO for your registered trademark is necessary for protecting your trademark rights against infringement, dilution, and other legal issues.

What Are the Implications if a Trademark Transfer Is Not Done Properly?

Failing to properly transfer a trademark from one party to another can lead to exposure and create unnecessary risk. Most of the consequences stem from the fact that improper trademark transfers create confusion about who actually owns the mark. If uncertainty exists about proper ownership, it can make it more difficult to enforce your trademark rights and protect against future trademark infringement or track trademark infringement statute of limitations .

When it appears multiple parties have rights to a trademark, it can also create a risk of trademark dilution (i.e., its use becomes more in the public domain, weakening its proprietary value). As a final point, trademark transfers are usually part of a broader transaction, and failing to properly execute the assignment may jeopardize the success of the whole transaction or, at the least, substantially add to the closing costs.

As detailed above, a trademark assignment form should provide all of the information surrounding the transfer (e.g., party names, effective date, value transferred, warranties, etc.). Additionally, the assignment should provide for more general contract terms related to termination rights, conflict resolution methods, indemnities, and necessary cross-references with any simultaneously entered into agreements.

Need Help with a Trademark Assignment Agreement?

If you are in the process of buying, selling, or otherwise transferring a trademark, then a trademark assignment agreement will be a key document for establishing and protecting those trademark rights. The trademark attorneys at our firm help clients draft and negotiate these agreements along with related legal advice and services such as representations in front of the USPTO.

Contact Cueto Law Group today to properly transfer ownership of a trademark.

Trademark Assignment Template Sample

Below are a PDF and Word version of a trademark consent agreement template that you can review as a trademark assignment agreement sample. As a reminder, these are just sample forms and further modification is likely necessary to meet any particular assignment needs.

Key Takeaways on How to Transfer a Trademark

When transferring a trademark, two fundamentals will be essential for increasing the chances of a smooth transition. The first is having sound documentation and contracts (i.e., an assignment agreement) in place between the assignor and assignee. The second is confirming that all applications and registrations with the USPTO accurately reflect that new proprietorship.

Can You Use an Asset Purchase Agreement in Place of a Trademark Transfer Agreement?

Depending on the complexity of the sale, you may be able to incorporate a trademark assignment into an asset purchase agreement (APA) rather than using a separate trademark transfer agreement. Generally, APAs are much more complex documents, and an assignment agreement is a better vehicle for transferring titles.

How Do I Submit a Trademark Assignment to USPTO?

The USPTO has an Electronic Trademark Assignment System (ETAS) where you can submit and record the transfer of the trademark or simply update name change in ownership (e.g., if you recently married or divorced). Alternatively, you can submit the information via mail using a Recordation Form Cover Sheet.

Do Patent Assignments Need to Be Recorded?

Yes, recording a patent assignment with the USPTO is recommended and sometimes necessary for many of the same reasons why recording a trademark assignment is worthwhile. You can record a patent assignment through a similar USPTO system as you would for a trademark, known as the Electronic Patent Assignment System.

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Home > Trademark Blog > Trademark Assignment > What is a Trademark Assignment? How Do I Assign Trademark Rights?

What is a Trademark Assignment? How Do I Assign Trademark Rights?

A trademark assignment (which is different than a trademark license ) is simply the transfer of ownership of a trademark from one person or entity to another.  In order for an assignment to be valid and enforceable, it must include the underlying goodwill associated with the trademark, or in other words, the recognition the trademark has with the public.  Otherwise, the transfer of ownership will be considered an assignment in gross and the trademark may be deemed abandoned by the parties and all rights could be lost forever.

The Trademark Assignment Should Be in Writing

Although an assignment need not be in writing to be effective, it’s strongly recommended that it be in the form of a written document signed by both the assignor and the assignee.  In the event the parties fail to memorialize the trademark assignment in writing at the time of an oral assignment, they can later prepare what’s called a nunc pro tunc assignment.  This type of assignment is similar to an ordinary assignment of trademark rights, but instead of it being effective on the date it’s executed (which could be years after the trademark was orally assigned), it’s considered effective from the date the oral assignment was made.

Recording a Trademark Assignment

If the trademark being transferred is the subject of an existing US trademark registration or pending trademark application, the assignment should be recorded with the Assignment Services Division of the United States Patent and Trademark Office (USPTO).  This should be done electronically using the Electronic Trademark Assignment System ( ETAS ).  You must complete the online form, upload the assignment, and pay the government filing fees (which are quite minimal).  It’s important to promptly record the assignment so that the USPTO records remain accurate and so that the public is put on notice as to the rightful owner of the trademark.  In addition, a trademark registration renewal cannot be filed in the name of the new owner unless the assignment has been recorded with the USPTO.

Be Very Careful…

Although a pending trademark application may be assigned prior to maturing into a trademark registration, you may not assign a trademark application filed under Section 1(b) ( intent to use ) until the trademark itself is in use in commerce , meaning that there’s an existing and ongoing business related to the mark.  If an intent-to-use application is prematurely assigned, any resulting trademark registration will be considered void and subject to a trademark opposition or trademark cancellation .

Need Help Preparing or Recording a Trademark Assignment?

In conclusion, there are many pitfalls that must be avoided when making an assignment of trademark rights in order to ensure that the transfer of ownership is valid, legal, and binding.

I’m experienced US trademark attorney Morris Turek.  If you have any questions about trademark assignments, the assignment of trademark rights, or maybe need some assistance from a skilled trademark attorney with preparing and recording a trademark assignment, please contact me for your free consultation at (314) 749-4059 , via email at [email protected] , or through my contact form located below.  I look forward to hearing from you soon.

The following are the trademark fees charged by the United States Patent and Trademark Office.  Patent Fees  are listed separately.

Note that most PTO fees are "per class" - that is, if the goods or services fall under more than one class in the International Classification of Goods and Services, then you must pay a separate fee for each class of goods. For example, if you are selling mugs (Glassware, Class 21) and t-shirts (Clothing, Class 25), you'd need to pay double the filing fees for a single class application. On the other hand, mugs, glasses and plates would fall into just class 21, so filing for these goods would only incur one filing fee. For a list of acceptable goods and services descriptions, with classes, see the " Trademark Identification Manual " on the USPTO website. 

For further information regarding fee amounts or to request a copy of the PTO fee schedule, please contact the USPTO's General Information Services Division by phone at (800) 786-9199 [PTO-9199] or (703) 308-4357 [308-HELP], or by fax at (703) 305-7786. A complete copy of the USPTO's fee schedule is also available from  their website

Most trademark fees increased,  effective January 14, 2017 . Also, additional fees for filing on paper are imposed for most filings.

Note: these fees are correct as of January 2, 2021. As USPTO fees are subject to change, be sure to check for the latest fees before filing anything. 

The preceding information was retrieved from the USPTO web site . Additional legal and handling fees may apply for preparing and processing paperwork for payment of these fees.

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TRADEMARK ASSIGNMENT & TRANSFER FEES CALCULATOR

A trademark assignment is a process where ownership of and rights to a trademark are transferred to another person.

You can only assign (transfer) a registered trademark by executing an agreement called the Trademark Assignment Agreement and then registering that assignment with the Trademarks Office.

Use the calculator below to get an idea of how much you'll pay in government fees to assign your registered trademark to someone else.

1 WHERE DO YOU WANT TO ASSIGN YOUR TRADEMARK?

Calculate fees to assign and transfer trademark(s) registered in:

2 HOW MANY TRADEMARKS DO YOU WANT TO ASSIGN?

3 show results in which currency, so how much does it cost to assign a trademark.

Whether you're transferring yourademark from you personally as an individual to a company you own (or the other way around) or whether it's a transfer between unrelated entities, you need to register it with the same Trademarks Office where the trademark is registered.

This will ensure that the new owner is shown on the website and in all official documents of the Trademarks Office.

The fee for the transfer is nominal at $40 for the first trademark being assigned, with $25 for each additional trademark.

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Recognizing common scams

Recognizing common signs of a scam can help you avoid costly mistakes. Scammers can be very convincing because they exploit  publicly available information . They often pretend to be from the United States Patent and Trademark Office (USPTO), state there’s some sort of problem with your application or registration, pressure you to act immediately, and tell you to pay some sort of fee or provide personal information.

Some will even call you and use names, numbers, and locations of real USPTO employees to try to steal your money or personal information.

Signs to watch out for

• USPTO employees will NEVER ask you for your personal or payment information over the phone, in an email, or text, and we don’t require payment via check or money order to third-party addresses .
• There is often a demand for immediate action or payment that’s not due, and this is usually accompanied by a threat of losing your trademark rights if you don’t pay.
• USPTO website addresses end in .gov, and emails directly from the USPTO end in @uspto.gov.
• USPTO stands for “The United States Patent and Trademark Office.” Any variation is not part of the USPTO, such as “Patent and Trademark Bureau” or “Trademark Renewal Service.”
• Some companies will claim they’re allowed to do trademark work or practice before the USPTO, even though they aren’t law firms or attorneys. Some will even say they’re recommended by the USPTO. We DO NOT recommend specific companies or attorneys, and only trademark owners or their U.S.-licensed attorneys can file documents or conduct proceedings before the USPTO.

Common scams

Keep an eye out for the common scams described below.

Scammers call a trademark customer and falsely claim to be from the USPTO. They use fake caller ID information to impersonate a USPTO employee to trick you into providing personal information or paying excessive or nonexistent fees. 

They may tell you that your application won’t be assigned to an  examining attorney  or move forward in the registration process because you’re missing certain required fees.

Here's what you can do if you receive a  spoofed phone call .

After you submit a trademark application or post-registration filing to us, an examining attorney or post-registration examiner will contact you about your application or registration. Scammers try to take advantage of this by impersonating examiners to trick you into paying unnecessary fees.

A scam email may include your application serial number or registration number and your trademark, and state that you’re required to provide certain personal information, documents or USPTO forms, or your payment information in a response email. Scammers create and forward fake email chains supposedly from examining attorneys to you that falsely state you have additional filings and fees due. The scammers then offer to do the fake work for you.

These emails look official at first glance, however, authentic USPTO emails sent directly to you will end in “@uspto.gov.”

How to protect yourself

• Check  Trademark Status & Document Retrieval (TSDR). Official USPTO communications, including office actions or letters with requests for payment or other information, are always uploaded to TSDR under the “documents” tab. If it’s not in TSDR, it’s not an official communication.  
• If your application hasn’t yet been assigned to an examining attorney, call the Trademark Assistance Center (TAC) at 1-800-786-9199 to confirm if the email is genuine.
• If you have a recent office action from the USPTO in your TSDR record, call the number in the signature block of the office action to confirm the email is genuine.

You might receive deceptive notices in the mail. Scammers try to convince you to use their business’s services or you’ll risk costly fines, loss of your trademark rights, or loss of your application or registration. You might receive these notices at any time—before you apply to register your trademark, after you file, or even after your trademark has registered.

These solicitations attempt to appear as legitimate as possible, and may include terms like “United States,” “Trademark,” “Office,” or “Agency” as part of their business names.

Don’t be fooled by an offer for services that aren’t required or typically needed. For example:

• A marketing company you hired falsely states that you must register your trademark and demands you use their overpriced services to register or you’ll lose your rights.
• A company using a name similar to the USPTO or sending official-looking communications demands you use their services to register, respond, or take other action to maintain your registered trademark.
• An attorney emails you with fake promises to accelerate the registration of your trademark and charge you less than other attorneys as long as you pay all fees upfront and agree to only communicate through email and text messages.

Notices often contain fine print explaining the company isn’t a federal agency. We have many  examples of solicitations customers have received to help you identify deceptive solicitations and renewal notices scams.

• Compare the USPTO employee's name in the email address you receive to the employee's name on your most recent office action, and call the Trademark Assistance Center at 1-800-786-9199 to confirm. All official USPTO emails sent directly to you will be from “@uspto.gov.” 
• Compare the company's name to the actual USPTO name. Let your computer mouse hover over the email address and see if a different underlying email address pops up. Look for slight misspellings in the company name,  check the status or your application and your actual application or renewal deadlines using  TSDR , and read the fine print on the communication.
• Research the company or entity that contacts you to see if they’re legitimate and to decide if it is offering a service you actually want or need.

If you’re considering hiring a company, like a  filing firm , for application or registration-related filing services, make sure the company has a qualified U.S.-licensed attorney on staff.

Scammers file a request to change the email address in your USPTO trademark application or registration, without permission, to try to gain control of your trademark on e-commerce websites.

Some e-commerce websites require trademark owners to register their trademarks through their brand registries to cut down on counterfeits and fraud. If your trademark is registered with a brand registry, the e-commerce site sends a verification code to the correspondence email address of record for your application or registration. If scammers change your contact information in our database, the verification code gets sent to them and they may attempt to claim they’re the owners of the trademark on the brand registry.

• We automatically send an email alert message to the current email address on record in TSDR whenever we receive a request to change that email address. If you receive an alert message from  [email protected] and don’t recognize the new email address listed in the message, reply to the TEAS mailbox and explain that you didn’t authorize this change.
• Use your USPTO.gov account to monitor application or registration changes by creating a customer docket and alerts. These alerts are separate from the automated changes of correspondence alerts sent by  [email protected] .
• Regularly monitor your application or registration in  TSDR to ensure that the information is correct and up to date.

Scammers improperly appoint U.S.-licensed attorneys in applications or registrations. Scammers will either:

• Use U.S.-licensed attorney information without the U.S.-licensed attorney’s knowledge or permission. The attorney hasn’t authorized the use of their information.
• Pay U.S.-licensed attorneys to use their name and bar registration details in trademark filings. The attorney has minimal, if any, participation in the application process.

Foreign filing firms are usually behind this scam and are trying to get around the USPTO’s requirement for foreign-domiciled owners to have a U.S.-licensed attorney represent them in trademark proceedings. 

Anyone who wrongfully uses an attorney’s information in a trademark application or registration may face sanctions and criminal prosecution. 

If you know of an attorney who is wrongfully allowing others to use their information or signature, contact the  Office of Enrollment and Discipline (OED) by emailing  [email protected] .

Some companies and applicants claim to be domiciled in the U.S. by using fake owner addresses on their applications. Since foreign-domiciled applicants and registrants are required to have a U.S.-licensed attorney to file, some companies and applicants try to get around that requirement by entering a fake domicile address.

If false information is used on your application, your application could be at risk of  administrative sanctions or a  reexamination or expungement proceeding if your trademark registers.

Specimens are vital to proving how you’re using your trademark in the marketplace. They’re evidence we require for most applications and registration maintenance filings. However, some applicants or registrants include specimens that seem real at face value but were created on  e-commerce specimen farm websites . They’re digitally created, altered, or mocked-up, don’t show how the trademark is actually being used in commerce, and often are created just to register a trademark. 

Filers who knowingly submit fake specimens are attempting to trick the USPTO to receive the  same benefits as legitimately registered trademarks. This is against our rules, weakens the  USPTO register integrity , and makes it harder and more expensive for new trademarks to register.

If you provide a specimen in your application that’s fraudulent, your application can be  sanctioned and terminated, or subject to  reexamination or expungement if your trademark registers.

Only submit  specimens that are actually in use in commerce .

You cannot sign someone else’s name or allow someone else to sign your name on a trademark document. Even with electronic filing, you cannot type someone else’s name into a signature box on our forms. Doing so can result in  sanctions and termination of an application or registration, because:

• Submissions that are illegitimately signed are invalid and potentially fraudulent.
• All trademark documents must be personally signed  by the person identified in the submission. 

If you see your signature on a submission in a trademark matter and you didn’t personally enter the signature, contact us at  [email protected] .

Applicants specify more goods or services in their application than they’re actually using or have an intention of using with their trademark.  This fraudulent over-claiming of goods or services is usually an attempt to either:

• Broaden the  scope of protection a trademark provides
• Block others from registering their trademarks
• Improperly warehouse trademark registrations for the sole purpose of selling or licensing them to others

For example, a small lighting company sells LED lighting fixtures and light bulbs. On their trademark application, they include these goods. However, they also include air purifiers, which they don’t intend to sell. 

When an application claims use of a trademark for a wide variety of goods or services, you may be required to show additional proof of actual use in commerce of your trademark with certain goods or services, even if you already provided a specimen. If your trademark is registered, you may  get audited and will then need to provide extensive proof of use of your trademark after filing your registration maintenance filings.  If you intentionally over-claimed, your application or registration may even be terminated or your registration canceled in an  expungement or reexamination proceeding .

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