[E-trademarks] Assignment of Trademark Ownership Involving Application Filed on the Basis of Intent-to-Use

[Mary Alice LaMorte]

Dear Colleagues,
We have a client, Company B, who has purchased a few product lines from another company, Company A. Company A had filed trademark applications on the basis of intent-to-use for the product lines. Company A would like to assign ownership of the ITU trademarks. The product lines are not yet in US commerce.
Company A is dropping the product lines that are part of the purchase. However, Company A continues to sell other products that are of the same general category, just not the product lines in question. 
In determining whether Company B is considered "a successor to the applicant’s business, or portion of the businessto which the mark pertains, ifthat business is ongoing and existing", would Company B have to take over the entire business related to the general category, or merely the particular product lines within the general category?
Many thanks for your consideration. I welcome the feedback.
Kind Regards,Mary LaMorte
LaMorte & Associates, P.C.985 Reading AvenueP.O. Box 434, Yardley, PA 19067USAemail: malamorte at verizon.netwww.uspatlaw.com
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