Instructions: Statement of Transfer of Trademark Registration Transferring a Trademark to a Non-Reporting Entity

Trademark

The Trademark field will be pre-filled with the trademark exactly as it is recorded by the Colorado Secretary of State’s Office. If the trademark is a standard character trademark, the field will be pre-filled with the characters constituting the trademark. If the trademark is a special form trademark, the field will be pre-filled with the description of the trademark. This information cannot be changed by filing this document.

 

Registrant ID Number, Name, Trademark ID Number, and Trademark

These fields are all pre-filled with the entity information in the records of the Colorado Secretary of State. This information cannot be changed by filing this document.

 

General partnership selection

Select the correct button to indicate whether the transferee is a general partnership. The button is defaulted to “Yes.” If the transferee is  not a general partnership, select “No.”

 

True name

If the “Yes” button is selected to indicate that the transferee is a general partnership, provide the true name of one general partner. The general partner may be either an individual or an entity. If the “No” button is selected to indicate that the transferee is not a general partnership, provide the true name of the transferee in the transferee name field. 

 

Form of entity

Select the form of the transferee from the drop-down list provided. If “Other” is selected, provide the form of the entity in the space provided. If “Yes” is selected above to indicate that the transferee is a general partnership, “General Partnership” must be selected as the form of entity. 

 

Jurisdiction

Select the jurisdiction where the transferee was formed from the drop-down list provided. The drop-down list includes all U.S. states, U.S. territories, and Canadian provinces. If the jurisdiction does not appear in the drop-down list, select “Other” and type the jurisdiction in the space provided. 

 

Principal office street address

A principal office street address is required. The street address must be a physical address and  cannot be a post office box.

Provide the street name and number, including the suite, unit or apartment number, if applicable. The city, state and ZIP/postal code must also be provided. Any address outside of the United States must include the country and, if applicable, the province.

Example: 123 N. Main Street, Apt 101
               Denver, Colorado 80202

 

Principal office mailing address

A mailing address is optional. If the mailing address is different than the street address, or mail cannot be delivered to the street address, provide the address, including the city, state and ZIP/postal code where mail is to be delivered. Any address outside of the United States must include the country and, if applicable, the province.

Example: P.O. Box 854
               Lakewood, Colorado 80228

 

Service of process selection

Select a checkbox to indicate how the entity will receive service of process. Select either the service of process mailing address button OR the registered agent button.

 

Service of process mailing address

If the entity does not maintain a registered agent in Colorado, provide a mailing address for service of process, including the city, state and ZIP code. Any address outside of the United States must include the country and, if applicable, the province.

 

Registered agent name

If the entity maintains a registered agent, provide the name of the registered agent.

The registered agent is the individual or business responsible for accepting service of process for an entity and isn’t necessarily an owner or director. The registered agent is responsible for forwarding service of process to the entity. Refer to  registered agent and principal office address FAQs [1]   

 

Registered agent street address

A registered agent street address is required. Provide the street name and number, including the suite, unit or apartment number, if applicable. The state field will be pre-filled with “CO” since the registered agent must be located in Colorado. A city and ZIP code must also be provided.

The street address must be a physical address and  cannot be a post office box.

 

Registered agent mailing address

A mailing address is optional. If the registered agent’s mailing address is different from the registered agent’s street address, or mail cannot be delivered to the street address, provide an address in Colorado where mail may be delivered. The state field will be pre-filled with “CO”. A city and ZIP code must also be provided.

 

Statement regarding registered agent consent 

The registered agent must consent to being appointed as the registered agent for the entity. Check the box to affirm the statement. The statement regarding registered agent consent is required.  [2]

 

Rights to the trademark

Check the appropriate box to indicate whether the registrant has transferred the rights to the trademark to the transferee OR whether the transferee obtained the rights to the trademark by operation of law. Only one box can be checked.

If the current trademark registrant is transferring all rights and interests in the trademark to the transferee, then select “Such registrant has transferred to such transferee the rights to the trademark”.

If the transferee has succeeded to all rights and interests in the trademark through operation of law, then select “Such transferee has by operation of law succeeded to the rights to the trademark”. Examples of a transferee succeeding to the rights and interests in the trademark by operation of law are a merger of business entities or inheritance. Further questions should be directed to the filer’s legal or business counsel.

 

Additional information

Select “Yes” if additional information is permitted or required by law to be included in the document. After clicking on “Submit” at the bottom of the online form, the system will proceed to the Manage Attachments page. This will allow additional information to be attached as a plain text (.txt) or PDF (.pdf) document. Information regarding attachments

 

Delayed effective date (optional)

If you want the document to take effect immediately, leave the radio button selected “Yes” and the date field blank.  

If you don’t want the document to become effective immediately, select “No” and enter the date and time (time is optional) that you want the document to become effective in the box. If only a date is entered into the box, then the document will become effective at 11:59 PM on that date. The effective date of filing can be delayed up to 90 days maximum. All filing dates and times are in Mountain Time.  [3]

 

Email notification

Our office can send you email notifications about due dates and other events affecting this business record.

 

Notice

This section describes the legal authority for filing this document.  [4]

 

Individual causing delivery   [5]

Each individual causing the document to be filed is responsible for complying with the applicable statutes. Provide the last name and first name of at least one individual causing the document to be delivered for filing. Enter the individual’s mailing address, including the city, state and ZIP/postal code. If the address is outside of the United States, include the country and, if applicable, the province.

Example:

Smith, John
123 N. Main St., Apt 101
Denver, Colorado 80122

 

Additional individuals causing delivery

If more than one person is causing this document to be filed, mark “Yes” to include an attachment with the names and addresses of additional individuals causing the document to be filed. The attachment must provide the name of each additional individual, including their last name and first name. A middle name or initial and a suffix are optional. Also provide the mailing address, including the city, state and ZIP/postal code. Any address outside of the United States must include the country and, if applicable, the province.

 

Disclaimer

Instructions, and the related form, are not intended to provide legal, business, or tax advice, and are offered as a public service without representation or warranty. While the related form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user’s attorney.

 

Submit

Selecting the Submit button will navigate to either the “Manage Attachments” page or the “You’re not done yet” page to review the information. If you select Submit and the next page does not display, first check for error messages at the top of the form. Your document won’t be filed until after payment.

 

Note

Review the form carefully; mistakes may have legal consequences. Our office cannot provide legal advice. Questions should be addressed to your legal, business, or tax advisor(s). Only provide information that is required or permitted to be included in the document. Information included in the document must be in English, and must state the name and address of at least one individual causing the document to be delivered for filing.

Statement of Transfer of Trademark Registration Transferring a Trademark to a Non-Reporting Entity filed pursuant to § 7-70-106 of the Colorado Revised Statutes (C.R.S.).

 

[1] | 7-90-102 (55), (56) and (56.5), C.R.S. and 7-90-701, C.R.S.
[2] | 7-90-701 (3), C.R.S.
[3] | 2-4-109 and 7-90-304, C.R.S.
[4] | 7-90-301.5, C.R.S.
[5] | 7-90-301.5, C.R.S.