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Guided answer
I want to sell or transfer my trademark
Transfer rules turn on whether the mark is registered, whether goodwill goes with it, and whether the transfer splits the rights.
An unregistered mark can still be assigned.
Moderate complexity - several routes or missing facts
- An unregistered mark can be assigned or transmitted with or without goodwill (section 39).
- Put the assignment in writing, identify the mark and the goods or services, and record the date of first use and evidence of goodwill that passes.
- Consider whether the buyer should file a new application in its own name.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.