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

Use these instructions when completing a Statement of Transfer of Trademark Registration Transferring a Trademark to a Non-Reporting Entity pursuant to § 7-70-106 of the Colorado Revised Statutes (C.R.S.). The required form/cover sheet must be used when submitting the document for filing. Mistakes may have legal consequences: review the information provided carefully. The Colorado Secretary of State’s office cannot provide legal advice. Questions should be addressed to the user’s 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, typewritten or machine printed, and must state the name and address of at least one individual causing the document to be delivered for filing. In order to obtain a copy of the filed document or access additional information, including Frequently Asked Questions (FAQs), visit our Web site, www.sos.state.co.us.

 

Definitions

Transferee: The person who becomes the trademark registrant after the effective filing date of the trademark transfer document, once filed. 

 

Instructions

Note: If the pre-filled information is incorrect, the appropriate form must be submitted for filing to change or correct the information. Pre-filled fields are noted below.

Registrant’s Entity ID Number:  The ID Number field will be pre-filled with the 11 digit number assigned to the current trademark registrant’s record by the Colorado Secretary of State. 

Trademark ID Number:  The ID Number field will be pre-filled with the 11 digit number assigned to the record by the Colorado Secretary of State.

True Name:  The True Name field will be pre-filled with the true name of the current trademark registrant exactly as such name is recorded by the Colorado Secretary of State’s Office.

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.

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 “No” button is selected to indicate that the Transferee is not a general partnership, provide the true name of the entity in the entity name field.  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.

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. 

Transferee’s Principal Address:

Street Address:  Provide the street name and number, including the suite, unit or apartment number, if applicable. The city, state, and ZIP code must also be provided. Any address outside of the United States must include the country and, if applicable, the province.  The street address must be a physical address and cannot be a post office box.

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

Mailing Address:  Include a mailing address only if the mailing address is different than the street address, or mail cannot be delivered to the street address.  The address should include the city, state and ZIP 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 button to indicate how the Transferee 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 Transferee 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 Transferee maintains a registered agent in Colorado, provide the name of the registered agent. A registered agent must be one of the following: an individual, age 18 years or older whose primary residence or usual place of business is in Colorado, a domestic entity having a usual place of business in Colorado, or a foreign entity authorized to transact business or conduct activities in Colorado that has a usual place of business in Colorado.  When providing the registered agent’s name only list the individual name or the entity name of the registered agent.  Do not provide both names.  For legal authority, refer to § 7-90-701, C.R.S.

Registered Agent Street Address:  Provide the street name and number, including the suite, unit or apartment number, if applicable, of the registered agent’s street address.  The city and ZIP code must also be provided.  The state field will be pre-filled with “CO”.  If the registered agent is an entity, provide the street address of the registered agent’s usual place of business in Colorado.  If the registered agent is an individual, provide the street address of either the registered agent’s primary residence in Colorado or registered agent’s usual place of business in Colorado.  The street address must be a physical address and cannot be a post office box.

Registered Agent Mailing Address:  If the registered agent’s mailing address is different from the registered agent’s street address, or mail can not 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 individual not a resident of Colorado.  The statement regarding registered agent consent is required pursuant to § 7-90-701 (3), C.R.S. 

Rights to the Trademark:  Select the radio button 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 radio button can be selected.

Transfer of the Rights to the Trademark:  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” radio button.

Succeeding to 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” radio button.   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 the “No” button if no additional information will be attached.  Select the “Yes” button if additional information is permitted or required by law to be included in the document.  After selecting “Submit” at the bottom of the online form, the Manage Attachments page will appear and allow for the attachment of the additional information as a plain text, PDF, or JPEG document.

Delayed Effective Date (optional): The effective date of this document may be delayed up to 90 days after filing with the Colorado Secretary of State.  The document becomes effective at twelve midnight Mountain Time on the date specified.  However, a time of day other than twelve midnight may be selected.  Mountain Time controls the filing date and time. For legal authority, refer to § 2-4-109 and § 7-90-304, C.R.S.

Notice:  This section describes the legal authority for filing this document. Refer to § 7-90-301.5, C.R.S. for more information.

Individual Causing Delivery:   Pursuant to § 7-90-301.5, C.R.S., 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. A middle name and suffix are optional. The mailing address, including the city, state and ZIP code, must be provided. Any address outside of the United States must include the country and, if applicable, the province.

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

Additional Individuals Causing Delivery:  Select the “YES” button 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.  Middle name and suffix are optional.  Also provide the mailing address, including the city, state and ZIP code.  Any address outside of the United States must include the country and, if applicable, the province.

Disclaimer:  These instructions, and the related form/cover sheet, 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.