Northfield, VT asked in Trademark and Intellectual Property for Vermont

Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of Registration" form with the USPTO (United States Patent and Trademark Office). This form is available on the USPTO website.

3. If assigning the trademark to another party:

a. Draft an assignment agreement that transfers ownership of the trademark to the assignee.

b. Record the assignment with the USPTO using the "Recordation Form Cover Sheet" available on their website.

4. If you have registered the trademark in other countries, you'll need to follow their specific procedures for abandonment or assignment.

5. It's advisable to consult with a trademark attorney to ensure that all necessary steps are taken and that your interests are protected throughout the process.

Keep in mind that abandoning a trademark may allow others to register and use the same or similar marks, which could potentially impact your business if you plan to continue using a similar name or logo.

Sean Goodwin agrees with this answer

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