Legal Question in Business Law in California

Relinquishing Agreements

I want to write an agreement between two people stating person ''A'' is relinquishing all his/her rights to use of name and comapny to person''B''. Which form will best be used:

ASSIGNMENT OF CONTRACT

GENERAL ASSIGNMENT

MUTUAL RELEASE

QUITCLAIM DEED

RELEASE INDIVDUAL

NOTICE OF ASSIGNMENT

CONSENT OF ASSIGNMENT

The company name and company hasn't been solitified legally yet and this agreement between the two parties(which are family members)agreed upon verbally but needs to be in writing before we can really be safe to proceed with our plans of business.


Asked on 8/23/01, 2:56 pm

2 Answers from Attorneys

Matthew Becker The Law Office of Matthew A. Becker, PC

Re: Relinquishing Agreements

If this issue is solely about the right to use a name, you may not need an agreement. Trademark rights are acquired through actual use. Additionally, it is possible to obtain rights prior to actual use by filing an intent to use application with the USPTO.

Normally, simply conceiving a business name or trademark will not provide a party with trademark rights. However, the proper form to use would be a trademark assignment agreement. If you believe the other party has rights beyond trademark rights (such as copyrights to a logo or an interest in the business), a different agreement will be necessary.

Feel free to contact me directly for a free consultation if you have further questions. [email protected] or (619) 522-6760.

Good Luck!

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Answered on 8/23/01, 8:57 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Relinquishing Agreements

Dear Sir/Madam: An attorney would never attempt to advise you as to which form to use, without carefully reading the contents of each form. In the end, it may be that none of the forms you've mentioned are appropriate, and a new agreement might have to be created. Not only would the forms have to be reviewed, but the circumstances, and intended use of the rights would have to be ascertained.

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Answered on 8/24/01, 1:41 am


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