What is an exception for assigning an ITU application?

An ITU (Intent to Use) application may be assigned to a successor of an ongoing business, which is a significant aspect of trademark law. This allows for flexibility and continuity in business operations since the trademark can remain in use even when ownership of the business changes. By allowing assignments in this manner, the trademark continues to be associated with the goods or services it represents, ensuring that the brand's recognition and goodwill are preserved.

This provision is particularly important for businesses that may undergo changes in ownership through sale or merger. It supports the idea that the trademark serves as a source identifier for the goods or services, and maintaining that identity is crucial for consumers. In contrast, the other statements do not correctly reflect the realities of ITU application assignments or the principles governing them.

For example, stating that an ITU application can never be assigned does not align with trademark law, as the possibility for assignment under certain circumstances is clearly recognized. The notion that only the original applicant may maintain ownership is also misleading, since the application can be transferred to a successor. Furthermore, the idea that assignments are only valid if filed before the application date misrepresents the timeline; assignments can be valid if executed properly even after the application has been filed, as long as they