If your company does business under another name, you must register that name with the state. For example, you may own ABC Corp, and it is operating a bar called A Big Club, that's the DBA (Doing Business As) name.
Your services or your product is associated with that name, and that is how the clients know you. If you ever want to sell or assign the trade name's rights to another entity, you have to use an Assignment of Trade Name.
Without a proper assignment, the new owner of the trade name does not officially own the registered DBA's legal rights. If you are selling your company, the Assignment of Trade name is only one of the steps required to complete the transfer.
However, you could be assigning the trade name if you're restructuring the company too. If there is a monetary exchange, the Assignment of Trade Name should reflect that.
Depending on your state, the Assignment of Trade Name may also be known as:
Whenever there is a change in ownership in a trade name, the Assignment of Trade Name is required. Without it, there are no legal grounds for the assignee to stand on. This contract ensures there is no confusion as to the rightful owner of the trade name.
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The Assignment of Trade Name is neither complicated nor trivial, just as long as you have the correct details. It is always preferable to not waste time outlining the form and go straight to entering the details, which you can do with a ready-to-go template.
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For the Assignment of Trade Name to be legally binding, both parties need to sign it. Even though notarization is not required by law, many choose to use a notary public as an additional security layer for the signatures.
After both parties sign the Assignment of Trade Name, the assignor would officially assign the trade name to the assignee. They may have to pay a visit to the county clerk and take it from there.
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