[E-trademarks] Assignment question
Tom J
tomjacobs2022 at gmail.com
Tue Mar 19 06:19:54 EDT 2024
Hypothetical scenario is this. An assignment document is prepared and
signed with one 44e registration and one ITU application. As we know, one
cannot assign an itu application before there's use in commerce
established. What if the document is recorded against just the
registration? The concern is its still public info at that point, and a
third party could still find the assignment document to challenge the
validity of the application even if the document isn’t recorded against the
application. Best way to proceed? Simply redacting the application
information before recording against the registration doesn't seem like a
good option. Waiting until there's use doesn't seem like a good option
since that might be years away and since the use date would still be after
the assignment execution date. Execute a new document with just the
registration? (But there is already one signed by the parties.) Any
thoughts are appreciated. Any cases that address this unusual hypothetical
scenario?
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