A trademark assignment is where you transfer the rights of a trademark from one or more owner to someone else. Trademark assignments are always in writing and a contract is drafted to ensure the transfer of rights is done smoothly with the authorization of all relevant parties.

Trademark assignments can transfer the rights from not only registered trademarks but also those that are filed and undergoing the application process at the USPTO.

A trademark assignment should be carried out every time a trademark changes ownership. The trademark’s new ownership should be registered through a trademark assignment with the USPTO. For example, an assignment should be recorded if you sell your trademark, if you gift your trademark to someone else, or if your organization structure changes such that a new entity ends up owning the trademark rights.

There are two things that you need to provide with your trademark assignment recordation:

1. USPTO trademark registration number or trademark serial number.
2. A copy of the trademark assignment contract. The contract should consist of the new and old ownership information, along with the trademark(s) being transferred, as well as any other significant information related to the assignment.

If a company is sold to a new owner, all the trademarks registered with it are moved to the new owner by default. A trademark assignment should be carried out if you plan on selling a company and retain the trademark rights to yourself.