Last updated: 1/25/2024
Trademark Registration Assignment Application
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Description
SD Secretary of State Trademark Assignment Instructions Page 1 of 2 Trademark Assignment Instructions Aug2017 Submission info: Paper Submission: A blank application emailat trademark@state.sd.us or by phone (605)773-2797. The application must be printed in ink orcomputer generated and mailed along with the required filing fee to the Secretary of State222s office at:500 East Capitol Ave, Pierre, SD 57501.Walk-in: A blank application may be obtained in person at the Secretary of State222s Business ServicesOffice at: 215 East Prospect Ave, Pierre, SD 57501. Applications must be accurately completed in their entirety. Applications that are inaccurate, incomplete or illegible will be rejected. Assignment Information: Pursuant to SDCL 37-6-17, a mark and its registration under 247 37-6-13 is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must be made by 223instruments in writing duly executed.224 An assignment must include within the assignment instrument itself a provision expressly indicating the transfer of 223good will224 to the assignee. A separate assignment application must be submitted for each registered mark; if a mark is registered in more than one class, a separate assignment application must be submitted for each registered class. Application Info: 1.The application must be printed in ink or computer generated.2.Filing fee: the filing fee for the assignment application is $125. Make check, cashier222s check or moneyorder payable to the South Dakota Secretary of State. Applications submitted without the proper filingfee will be rejected.3.Name of the mark being assigned: Provide the name of the mark as registered on the originalapplication.4.Owner of record of the mark (assignor): Enter the name of the person or entity that is assignment theirownership of the mark. Enter the assignor222s complete address, including both a street/physical addressand a mailing address.5.New Owner of the mark (assignee): Enter the name of the person or entity to which the mark is beingassigned. Enter the assignee222s complete address, including both a street/physical address and a mailingaddress.6.The name of the state or other jurisdiction under whose laws it is organized: If the new owner(assignee) of the mark is a business entity, enter the state of incorporation or organization, if applicable.If the new owner is an individual, leave blank. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2 Trademark Assignment Instructions Aug2017 7. Currently registered Classification of Goods or Services Number: Enter the appropriate number of the class under which the mark is to be renewed. 8. Signature and notarization: o The application must be signed by the assignor. By signing the application, the assignor verifies under penalty of perjury that all the statements on the application are true and correct. Failure to sign the application will result in the application being rejected. o The signature of the applicant must be notarized. Proper notarization includes: 1) the original signature of the assignor, 2) the date the assignor signed the application, 3) the signature of the Notary Public, 4) the registered seal of the Notary Public, and 5) the commission expiration date of the Notary Public. Improper notarization will result in the application being rejected. American LegalNet, Inc. www.FormsWorkFlow.com TrademarkAssignment Mar 2017 SD Secretary of State Office 500 E Capitol Ave Pierre, SD 57501 (605)773-4845 trademark@state.sd.us 1. Name of the Mark being assigned: Note: this must be the name as registered and as shown on the Certificate of Mark Registration 2. Owner of record of the mark (assignor): Actual Street Address or Rural Route Box Number City State ZIP+4 Mailing Address, if Different from Street Address City State ZIP+4 3. New owner of the mark (assignee): Actual Street Address or Rural Route Box Number City State ZIP+4 Mailing Address, if Different from Street Address City State ZIP+4 Email Telephone Number 4. The name of the state or other jurisdiction under whose laws it is organized (if applicable): 5. Currently registered Classification of Goods or Services Number (SDCL 37-6-12): *** This section is to be completed in the presence of a Notary Public *** WHEREAS, the assignee is desirous of acquiring said Mark; WHEREAS, the assignor has adopted and used in its business and is the owner of the aforementioned Mark; and NOW, THEREFORE, To All Whom It May Concern: BE IT KNOWN THAT for and in consideration of the sum of and other good and valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, said Assignor by these presents does sell, assign and transfer unto the said Assignee the entire right, title and interest in and to the said Mark and registration thereof, together with the good will of the business in which the Mark is used, or with that part of the good will of the business connected with the use of and symbolized by the Mark. Dated: Assignor Signature Title Subscribed and sworn to before me this day of , 20 , before me, , the undersigned officer, personally appeared known to me or satisfactorily proven to be the person who executed the foregoing instrument, and acknowledged that this person executed the some of his own free act and deed. In witness whereof, I hereunto set my hand and official seal. Notary Public Signature (Notarial Seal) My Commission Expires TRADEMARK REGISTRATION Assignment Application SDCL 37-6-14 FILING FEE: $125 Make check payable to SECRETARY OF STATE American LegalNet, Inc. www.FormsWorkFlow.com