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Outline

The Hawaii T 4 form serves as a crucial document for the assignment of trade names, trademarks, or service marks within the state. This form, governed by Chapter 482 of the Hawaii Revised Statutes, facilitates the legal transfer of ownership from one party to another. It requires specific information about both the assignor and the assignee, including their names, addresses, and statuses as business entities, such as sole proprietors, corporations, or partnerships. The form also necessitates details about the trade name or mark being assigned, including its certificate number and classification. A nonrefundable filing fee of $10.00 accompanies the submission of the form, which must be completed in black ink and signed by the assignor or an authorized representative. Additionally, the Hawaii T 4 form ensures that the rights to sue for past infringements are included in the assignment, thereby protecting the interests of the assignee. Clear instructions are provided to guide users through the completion process, emphasizing the importance of accuracy and legibility in the information submitted.

Sample - Hawaii T 4 Form

WWW.BUSINESSREGISTRATIONS.COM

STATE OF HAWAII

FORM T-4

Nonrefundable Filing Fee: $10.00

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

7/2010

 

 

 

 

Business Registration Division

 

 

335 Merchant Street

*T4*

 

Mailing Address: P.O. Box 40, Honolulu, Hawaii 96810

 

Phone No. (808) 586-2727

 

ASSIGNMENT OF TRADE NAME, TRADEMARK OR SERVICE MARK

(Chapter 482, Hawaii Revised Statutes)

PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK

1.Assignor's Name (Registrant):

Assignor's Address:

(including city, state, and zip code)

2.Status of Assignor (check only one):

Sole Proprietor

Corporation

Partnership

LLC

LLP

Unincorporated Association

OR

Other (explain):

 

 

 

If assignor is an entity, list state or country of incorporation/formation/organization:

 

 

 

 

 

 

 

 

 

DOES HEREBY ASSIGN, SELL, TRANSFER, SET OVER, AND CONVEY (TOGETHER WITH ALL GOODWILL AND ALL RIGHTS TO SUE FOR PAST INFRINGEMENT, IF ANY) TO:

3.Assignee's Name:

Assignee's Address:

(including city, state, and zip code)

4.Status of Assignee (check only one):

Sole Proprietor

Corporation

Partnership

LLC

LLP

Unincorporated Association

OR

Other (explain):

 

 

 

 

 

If assignee is an entity, list state or country of incorporation/formation/organization:

 

5.(a) The trade name, trademark or service mark (line out inapplicable type) being assigned is:

(b)Certificate Number:

(c)Classification of trademark or service mark:

I certify, under the penalties set forth in Section 482-51, Hawaii Revised Statutes, that (check one):

 

 

 

 

 

 

I am the assignor

OR

 

I am the

of the assignor named in the foregoing application, I am authorized to sign this

 

 

 

 

 

 

 

(Office Held)

Assignment, and that the above statements are true and correct to the best of my knowledge and belief.

 

 

 

 

 

 

 

 

 

 

 

(Print Name)

 

 

 

 

 

 

 

 

 

 

(Signature)

(Date)

SEE INSTRUCTIONS ON REVERSE SIDE. Assignment must be signed by the assignor (registrant).

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(DEPARTMENTAL USE ONLY)

CERTIFICATE OF ASSIGNMENT

Certificate of Registration .

 

is hereby assigned to the above-named Assignee, effective

 

 

 

 

 

 

 

 

 

 

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

 

 

STATE OF HAWAII

 

 

Dated:

 

 

 

 

 

 

(Director of Commerce and Consumer Affairs)

B49 (Fee)

 

 

S18 (SH)

FORM T-4 7/2010

Instructions: Assignment must be typewritten or printed in black ink, and must be legible. Signature must be in black ink. Submit assignment together with the appropriate fee.

Assignment must be signed by the assignor (registrant) only. For corporations, assignment must be signed by an authorized officer of the corporation. For general or limited partnerships, assignment must be signed by a general partner. For LLC, assignment must be signed by a manager of a manager-managed company or by a member of a member-managed company. For LLP, assignment must be signed by a partner.

Line 1. State the full name of the assignor (the current owner of the registration). State the complete address (including city, state, and zip code) of the assignor.

Line 2. Check one box to indicate the status of the assignor. If you check “Other,” you must explain what type of entity the assignor is.

If the assignor is a corporation, partnership, or limited liability company, list the state or country in which it was incorporated, formed or organized.

Line 3. State the full name of the assignee (the one to whom the registration is being assigned). State the complete address (including city, state, and zip code) of the assignee.

Line 4. Check one box to indicate the status of the assignee. If you check “Other,” you must explain what type of entity the assignee is.

If the assignee is a corporation, partnership, or limited liability company, list the state or country in which it was incorporated, formed or organized.

Line 5. (a) State the trade name, trademark or service mark to be assigned. If the mark being assigned includes a design, state the complete description of the mark and submit a sample of the design which is being assigned.

(b)State the Certificate No. of the trade name, trademark or service mark being assigned.

(c)State the classification of the trademark or service mark being assigned.

Filing Fees: Filing fee ($10.00) is not refundable. Make checks payable to DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS. Dishonored Check Fee $25.00.

For any questions call (808) 586-2727. Neighbor islands may call the following numbers followed by 6-2727 and the # sign: Kauai 274-3141; Maui 984-2400; Hawaii 974-4000, Lanai & Molokai 1-800-468-4644 (toll free).

Fax: (808) 586-2733 Email Address: [email protected]

NOTICE: THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL NEEDS. PLEASE CALL THE DIVISION SECRETARY, BUSINESS REGISTRATION DIVISION, DCCA, AT 586-2744, TO SUBMIT YOUR REQUEST.

ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION. (SECTION 92F-11, HRS)

Form Information

Fact Name Details
Form Purpose The T-4 form is used to assign a trade name, trademark, or service mark in Hawaii.
Filing Fee A nonrefundable filing fee of $10.00 is required when submitting the form.
Governing Law The assignment is governed by Chapter 482 of the Hawaii Revised Statutes.
Signature Requirement The form must be signed by the assignor, who is the current owner of the registration.
Submission Method Assignments must be typewritten or printed in black ink and submitted along with the appropriate fee.
Assignee Information The form requires the full name and address of the assignee, along with their status (e.g., corporation, LLC).
Certificate Number Applicants must provide the certificate number of the trade name, trademark, or service mark being assigned.
Contact Information For questions, contact the Department of Commerce and Consumer Affairs at (808) 586-2727.

Detailed Guide for Filling Out Hawaii T 4

Completing the Hawaii T 4 form is a straightforward process. This form is essential for assigning a trade name, trademark, or service mark. Ensure that all information is accurate and legible before submission. The following steps will guide you through filling out the form correctly.

  1. Begin by entering the Assignor's Name in the designated field.
  2. Provide the Assignor's Address, including city, state, and zip code.
  3. Indicate the Status of Assignor by checking one box. Options include Sole Proprietor, Corporation, Partnership, LLC, LLP, Unincorporated Association, or Other (if applicable, provide an explanation).
  4. If the assignor is an entity, list the state or country of incorporation, formation, or organization.
  5. Enter the Assignee's Name in the appropriate field.
  6. Provide the Assignee's Address, including city, state, and zip code.
  7. Indicate the Status of Assignee by checking one box. The same options apply as for the assignor.
  8. If the assignee is an entity, list the state or country of incorporation, formation, or organization.
  9. In section 5(a), state the trade name, trademark, or service mark being assigned. Line out any inapplicable type.
  10. Provide the Certificate Number for the trade name, trademark, or service mark.
  11. State the Classification of the trademark or service mark.
  12. Certify your authority by checking the appropriate box, either as the assignor or as an authorized representative of the assignor.
  13. Print your name, sign the form in black ink, and include the Date.

After completing the form, ensure that it is signed by the assignor or an authorized representative. Submit the form along with the nonrefundable filing fee of $10.00 to the Department of Commerce and Consumer Affairs. For any questions or further assistance, contact the provided phone number.

Obtain Answers on Hawaii T 4

  1. What is the Hawaii T 4 form?

    The Hawaii T 4 form is used for the assignment of a trade name, trademark, or service mark. It is a legal document that allows the current owner (assignor) to transfer ownership rights to another party (assignee). This form is governed by Chapter 482 of the Hawaii Revised Statutes and is essential for ensuring that the rights associated with the mark are properly conveyed.

  2. How do I complete the Hawaii T 4 form?

    To complete the Hawaii T 4 form, follow these steps:

    • Type or print the information in black ink.
    • Provide the full name and address of the assignor and assignee.
    • Indicate the status of both parties by checking the appropriate box.
    • Clearly state the trade name, trademark, or service mark being assigned, along with its certificate number and classification.
    • Ensure the form is signed by the assignor or an authorized representative if the assignor is a business entity.

    Make sure all information is accurate and legible before submission.

  3. What is the filing fee for the Hawaii T 4 form?

    The nonrefundable filing fee for submitting the Hawaii T 4 form is $10.00. Payments should be made by check, payable to the Department of Commerce and Consumer Affairs. If the check is dishonored, there will be an additional fee of $25.00.

  4. Who should sign the Hawaii T 4 form?

    The form must be signed by the assignor, who is the current owner of the registration. If the assignor is a corporation, partnership, or limited liability company, the signature must come from an authorized officer, general partner, or manager, respectively. It is important to ensure that the individual signing has the authority to do so, as this will validate the assignment.

Common mistakes

When completing the Hawaii T-4 form, individuals often make several common mistakes that can lead to delays or complications in the registration process. One frequent error involves failing to provide complete and accurate information for both the assignor and assignee. Each section requires specific details, such as full names and addresses, which must be filled out correctly. Omitting any of this information can result in the form being rejected.

Another mistake is related to the status selection of the assignor and assignee. The form requires individuals to check only one box that accurately reflects their status, whether it be Sole Proprietor, Corporation, Partnership, LLC, or another category. Selecting multiple statuses or failing to check a box can create confusion and may necessitate resubmission.

Legibility is crucial when filling out the T-4 form. Many people neglect to type or print clearly in black ink, which is a requirement stated in the instructions. If the information is illegible, it may not be processed correctly, leading to potential delays. It is essential to ensure that all text is easy to read and properly formatted.

Additionally, some individuals overlook the requirement for signatures. The form must be signed by the assignor, and if the assignor is a business entity, it must be signed by an authorized officer or representative. Failing to include a signature or having an unauthorized person sign can invalidate the assignment.

Lastly, individuals sometimes forget to include the correct filing fee. The T-4 form has a nonrefundable filing fee of $10.00. Submitting the form without this fee or with an incorrect payment method can result in the form being returned. Ensuring that the payment is made according to the instructions is vital for successful processing.

Documents used along the form

The Hawaii T 4 form is essential for assigning trade names, trademarks, or service marks in the state of Hawaii. When completing this form, several other documents may also be required to ensure compliance with state regulations. Below is a list of commonly used forms and documents that accompany the T 4 form.

  • Certificate of Registration: This document proves that a trade name, trademark, or service mark is officially registered with the state. It includes the registration number and the name of the owner.
  • Application for Trade Name Registration: This form is used to register a new trade name before it can be assigned. It collects information about the owner and the name being registered.
  • Statement of Use: If the trademark or service mark is not yet in use, this document may be required to indicate the intent to use the mark in commerce.
  • Assignment Agreement: This is a legal document outlining the terms of the assignment between the assignor and assignee. It may include details about compensation and rights transferred.
  • Proof of Use: In some cases, evidence that the trademark or service mark is actively being used in business may be necessary. This could include marketing materials or product packaging.

Understanding these documents is crucial for a smooth assignment process. Properly completing and submitting the T 4 form along with the necessary paperwork will help avoid delays and ensure compliance with Hawaii's business regulations.

Similar forms

The Hawaii T 4 form is primarily used for the assignment of trade names, trademarks, or service marks. It serves a specific purpose in the business landscape, and there are several other documents that share similar functions or features. Here are nine documents that are comparable to the Hawaii T 4 form:

  • Trademark Assignment Agreement: This document formally transfers ownership of a trademark from one party to another. Like the T 4 form, it requires signatures from both the assignor and assignee, ensuring that the transfer is legally recognized.
  • Service Mark Assignment: Similar to a trademark assignment, this document is used specifically for service marks. It outlines the transfer of rights and responsibilities associated with a service mark, mirroring the T 4's focus on trademarks and service marks.
  • Trade Name Registration: This document is used to register a trade name with the state. While it does not transfer ownership, it establishes the legal use of a name, similar to how the T 4 form assigns rights to a trade name.
  • Trademark License Agreement: This agreement allows one party to use another's trademark under specified conditions. While the T 4 form transfers ownership, a license agreement permits use without transferring ownership, showcasing different aspects of trademark rights.
  • Partnership Agreement: This document outlines the terms of a partnership, including how intellectual property, like trademarks, is managed. It is similar in that it addresses ownership and rights, much like the T 4 form does for trademarks.
  • Corporate Resolution: This document is used by corporations to authorize specific actions, such as the assignment of a trademark. It parallels the T 4 form in that it must be formally approved by the corporation's governing body.
  • Assignment of Copyright: This document transfers ownership of copyright from one party to another. While it deals with different intellectual property, the process and legal implications are similar to those of the T 4 form.
  • Domain Name Assignment: This document transfers ownership of a domain name. Like the T 4 form, it requires the consent of both parties and formalizes the transfer of rights to an asset.
  • Business Entity Formation Documents: These documents establish a business entity, such as an LLC or corporation. They are similar in that they lay the groundwork for how a business operates, including the management of intellectual property rights like trademarks.

Understanding these documents can provide clarity on the various ways intellectual property and business rights can be managed and transferred. Each serves its unique purpose while sharing common themes of ownership and rights management.

Dos and Don'ts

When completing the Hawaii T 4 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are six important dos and don'ts to keep in mind:

  • Do type or print clearly in black ink. Legibility is crucial for processing your application.
  • Don't use any other color of ink. Black ink is required for signatures and entries.
  • Do include the full names and addresses of both the assignor and assignee. Complete information helps avoid delays.
  • Don't forget to check the appropriate status box for both the assignor and assignee. This information is necessary for classification.
  • Do ensure that the assignment is signed by the correct individual. The assignor must be the registrant or an authorized representative.
  • Don't submit the form without the required filing fee. The fee is $10.00 and is nonrefundable.

By adhering to these guidelines, you can help ensure a smoother process when filing your Hawaii T 4 form. If you have any questions, do not hesitate to reach out to the Department of Commerce and Consumer Affairs for assistance.

Misconceptions

Understanding the Hawaii T 4 form is essential for anyone involved in the assignment of trade names, trademarks, or service marks. However, several misconceptions can lead to confusion. Here are seven common misunderstandings about the Hawaii T 4 form, along with clarifications:

  1. It’s only for businesses based in Hawaii. Many believe the T 4 form is exclusive to Hawaii-based businesses. In reality, any entity that holds a trade name, trademark, or service mark registered in Hawaii can use this form, regardless of its location.
  2. Only corporations can file the T 4 form. This is not true. The form can be used by various entities, including sole proprietors, partnerships, LLCs, and unincorporated associations. Each type of entity can assign its trade name or trademark using this form.
  3. The filing fee is refundable. Some individuals assume that the $10.00 filing fee is refundable if the application is denied or if they change their mind. Unfortunately, this fee is nonrefundable, so it’s important to ensure all information is accurate before submitting.
  4. You can submit the form in any ink color. A common misconception is that the ink color does not matter. However, the T 4 form must be completed in black ink for clarity and legibility, as specified in the instructions.
  5. Only the assignor needs to sign the form. While the assignor must sign, it’s essential to note that if the assignor is a corporation, partnership, or LLC, an authorized representative must sign on behalf of the entity. This ensures that the assignment is valid and legally binding.
  6. Additional documents are not necessary. Some may think that submitting the T 4 form alone is sufficient. However, if the trademark includes a design, a sample of that design must be submitted along with the form. This is crucial for proper identification and assignment.
  7. The form can be filed at any time without consequences. Many people believe there are no deadlines for filing the T 4 form. In fact, timely filing is important to protect rights and ensure that the assignment is recognized. Delays may lead to complications or disputes regarding ownership.

By understanding these misconceptions, individuals and businesses can navigate the assignment process more effectively and ensure compliance with Hawaii’s regulations.

Key takeaways

Key Takeaways for Filling Out and Using the Hawaii T 4 Form:

  • The form must be filled out in black ink, either typed or printed legibly.
  • Only the assignor (current owner) can sign the assignment. If the assignor is a corporation or partnership, an authorized officer or general partner must sign.
  • The filing fee is nonrefundable, set at $10.00. Ensure that the payment is made out to the Department of Commerce and Consumer Affairs.
  • Provide complete and accurate information for both the assignor and assignee, including their names, addresses, and statuses.