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Guide to Writing Hawaii T 4

Filling out the Hawaii T-4 form is a crucial step for individuals or entities looking to assign their trade name, trademark, or service mark. This process ensures that the transfer of rights is officially recognized by the State of Hawaii, Department of Commerce and Consumer Affairs. It's essential to provide accurate information to prevent any delays or issues. Below are the detailed steps to complete this form correctly. Each step must be followed carefully to ensure that your assignment is processed without complication.

1. Use black ink to type or print legibly the assignor's name (the current owner of the registration) in the field provided. Also, include the complete address of the assignor, specifying the city, state, and zip code.
2. Indicate the status of the assignor by checking the appropriate box. If the assignor is an entity other than those listed, check the "Other" box and provide a brief explanation of the type of entity. If applicable, list the state or country where the entity is incorporated, formed, or organized.
3. Enter the full name of the assignee (the individual or entity to whom the registration is being transferred) and their complete address, including city, state, and zip code.
4. Check the appropriate box to indicate the status of the assignee. If "Other" is selected, explain the type of entity and, if it is a corporation, partnership, or limited liability company, state the state or country of its incorporation or formation.
5. Under section 5:
   • (a) Specify the trade name, trademark, or service mark that is being assigned. If the mark includes a design, provide a complete description and submit a sample of the design.
   • (b) Enter the Certificate Number of the trade name, trademark, or service mark being assigned.
   • (c) Indicate the classification of the trademark or service mark being transferred.
6. Certify the accuracy of the information provided by checking the appropriate box to confirm whether you are the assignor or an authorized representative of the assignor. Then, print your name, sign in black ink, and date the form.
7. Review all the information provided for accuracy and completeness before submitting the form along with the nonrefundable filing fee of $10.00. Make the check payable to the DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS. Remember, a dishonored check is subject to a fee of $25.00.

After submitting the form and the appropriate fee, the Department of Commerce and Consumer Affairs will process the assignment. It's advisable to keep a copy of the form and any correspondence for your records. This documentation will serve as proof of the assignment and can be used in any future legal or business matters related to the trade name, trademark, or service mark.

1. What is the Hawaii T-4 Form used for?

   The Hawaii T-4 Form, known officially as the Assignment of Trade Name, Trademark or Service Mark, is utilized when an individual or entity (the assignor) wishes to transfer their rights associated with a trade name, trademark, or service mark to another party (the assignee). This includes transferring all goodwill, rights to any past infringements if applicable, and essentially, the ownership of the name or mark.

2. Who needs to file a Hawaii T-4 Form?

   Any individual or entity planning to transfer ownership of a registered trade name, trademark, or service mark in Hawaii needs to file a T-4 Form. This includes sole proprietors, corporations, partnerships, LLCs, LLPs, unincorporated associations, or other organizational types that are the current registrants of the mark.

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

   The nonrefundable filing fee for the Hawaii T-4 Form is $10.00. Please note that this fee is subject to change, and it is advised to confirm the fee amount before submitting the form.

4. Where should the Hawaii T-4 Form be submitted?

   The completed Hawaii T-4 Form along with the appropriate filing fee should be mailed to the Business Registration Division at the Department of Commerce and Consumer Affairs. The physical address is 335 Merchant Street, Honolulu, Hawaii, 96810, or it can be mailed to P.O. Box 40, Honolulu, Hawaii, 96810.

5. What information is required on the T-4 Form?

   • The full name and address of the assignor (current owner)
   • The status of the assignor (e.g., Sole Proprietor, Corporation, etc.)
   • The full name and address of the assignee (new owner)
   • The status of the assignee
   • The trade name, trademark, or service mark being assigned, including its certificate number and classification

6. Can the Hawaii T-4 Form be filed by someone other than the assignor?

   The form must be signed by the assignor themselves. However, in cases where the assignor is an entity like a corporation or partnership, an authorized officer or a general partner may sign the form. For LLCs, a manager or a member can sign, and for LLPs, a partner is required to sign the T-4 Form.

7. What happens after submitting the T-4 Form?

   Once the Hawaii T-4 Form is properly filled and submitted with the filing fee, the Business Registration Division will process the assignment. Upon approval, the change of ownership of the trade name, trademark, or service mark will be officially recorded, and a Certificate of Assignment will be issued to the assignee, marking the completion of the transfer process.

8. How can I ensure my T-4 Form is accurately processed?

   To ensure that your T-4 Form is accurately processed, make sure to type or print legibly in black ink, provide all requested information correctly, including the appropriate certificate number and classification for the mark being transferred. Additionally, verify that the form is signed by the authorized party. For further clarification or assistance, contacting the Business Registration Division directly is recommended.

9. Is assistance available for individuals with special needs?

   Yes, the Department of Commerce and Consumer Affairs provides materials and assistance for individuals with special needs. Those requiring special accommodations are encouraged to contact the Division Secretary, Business Registration Division, at 586-2744 to submit their request.

1. Failing to use black ink for both typing and signing the form can result in the rejection of the assignment. It is specified that the form must be completed and signed in black ink to ensure legibility and adherence to filing requirements.

2. Not checking only one status box for both the assignor and assignee sections (Line 2 and Line 4) is another common mistake. The form demands specificity regarding the legal status of both parties involved, and checking more than one box or leaving this section blank can lead to processing delays or form denial.

3. Omitting the state or country of incorporation, formation, or organization for the assignor and assignee if they are an entity other than an individual. This information is crucial for establishing the jurisdiction and legitimacy of the entities involved.

4. Incorrectly or inadequately describing the trade name, trademark, or service mark being assigned (Line 5a). A clear and complete description, including a design sample if applicable, is essential for accurately transferring the rights to the intended property.

5. Forgetting to provide the Certificate Number of the trade name, trademark, or service mark being assigned (Line 5b). This oversight can severely delay the assignment process, as the certificate number is necessary to identify the specific registration for transfer.

6. Selecting the wrong classification of the trademark or service mark being assigned (Line 5c) is another mistake that can lead to unnecessary complications. Correct classification is essential for the appropriate handling and protection under law.

7. Not having the assignment signed by the appropriate party. The assignor (registrant) must sign the form, and in the case of corporations, partnerships, limited liability companies, or limited liability partnerships, the signature must come from an individual authorized to act on behalf of the entity, such as an officer or a general partner. Failure to adhere to this requirement can invalidate the entire assignment.

When engaging in business activities in Hawaii, particularly involving the assignment of trade names, trademarks, or service marks as outlined in the Hawaii T-4 form, entities often need to complete and submit additional forms and documents to ensure full compliance and protection of their intellectual property rights. These documents are essential for the seamless operation and legal safeguarding of business interests, varying from initial registration forms to detailed statements of change.

1. Certificate of Good Standing: This document certifies that a business is legally registered and allowed to conduct business in Hawaii. It is vital for proving the legitimacy of the entity during the assignment process.
2. Articles of Incorporation/Organization: For entities structured as corporations or limited liability companies, these documents officially record the company's formation and include details like the company's name, purpose, and the names of its initial officers or members.
3. Statement of Change of Registered Agent: If a business changes its registered agent—the individual or business entity authorized to receive legal documents on behalf of the business—this document must be filed to update the records with the state.
4. Annual Business Reports: Entities are required to file reports periodically, usually annually, to maintain their active status. These reports update the state on any significant changes to the company's structure or operation.
5. Trademark or Service Mark Registration Application: Before or alongside assignment, the original registration of the mark establishes the owner's claim to the mark and is often a prerequisite to assignment documentation.
6. Consent to Assignment Form: This form may be used when an assignment is conditional or requires specific consent from another party before it can be finalized, ensuring all legal obligations are met.
7. Power of Attorney: If the assignor or assignee designates a representative to act on their behalf in the assignment process, a power of attorney document outlines the extent of this delegation.
8. Declaration of Use and/or Excusable Nonuse of Mark: To maintain the registration of a trademark or service mark, the owner must periodically file evidence showing the mark is in use in commerce or reasons for its nonuse, crucial for protecting the mark’s validity.

Together, these documents form a comprehensive framework supporting the legal and procedural requirements for the assignment of trade names, trademarks, or service marks in Hawaii. Proper completion and submission of these forms not only adhere to state regulations but also secure the entity's rights and interests, ensuring the integrity of the business's brand and identity in the marketplace.

The Hawaii T-4 form, used for the assignment of a trade name, trademark, or service mark, shares similarities with several other types of legal documents. Each of these documents serves a specific purpose within the realm of business and intellectual property law, facilitating various transactions and registrations. By understanding the similarities between the Hawaii T-4 form and these other documents, businesses can better navigate the legal landscape of trade name and trademark management.

Trademark Assignment Agreement: This form resembles the Hawaii T-4 form in that both are used to officially transfer the rights of a trademark or a trade name from one party to another. A Trademark Assignment Agreement typically details the specific rights being transferred, any conditions of the transfer, and the information about both the assignor and assignee, similar to the sections found in the Hawaii T-4 form. Both documents require detailed information about the marks or names being assigned, including their classification and a certification that the information provided is accurate.

Intellectual Property Assignment Agreement: Similar to the Hawaii T-4 form, an Intellectual Property Assignment Agreement is a broader document that covers the transfer of ownership of various types of intellectual property, including trademarks, trade names, patents, and copyrights. Like the T-4 form, it details the transfer of rights, the entities involved (assignor and assignee), and specific conditions related to the assignment. The similarity lies in the comprehensive coverage of the rights being transferred and the legal requirements for the transfer to be recognized officially.

Bill of Sale for Business: Although primarily used for the sale of a business, including its physical assets, a Bill of Sale for Business often includes the transfer of business names, trademarks, and other intangible assets, which parallels the function of the Hawaii T-4 form. Both documents facilitate a formal change in ownership and include detailed information about both the seller (or assignor) and the buyer (or assignee). The main difference is the broader scope of a Bill of Sale, but when it comes to the transfer of trade names or trademarks, the essence and requirements of the agreement hold similarities with the Hawaii T-4 form, particularly in the need for clear, accurate, and legally binding documentation of the transfer.

State-Specific Assignment Forms: Many states have their own version of trade name or trademark assignment forms, similar to Hawaii's T-4 form. These state-specific forms serve the same primary function: to document the assignment of a trade name, trademark, or service mark from one entity to another. They typically require information about the assignor and assignee, details of the mark or name being transferred, and a certification or signature from the assignor. The layout and specific requirements might vary from state to state, but the core purpose aligns closely with that of the Hawaii T-4 form, emphasizing the importance of officially documenting the transfer of intellectual property rights within a legal framework.

When preparing to fill out the Hawaii T-4 Form for the assignment of a trade name, trademark, or service mark, it's essential to pay close attention to the details to ensure a smooth process. The following are important dos and don'ts to consider:

• Do print or type legibly in black ink to ensure that all information is readable and can be processed without delay.
• Do accurately provide the full names and addresses of both the assignor (current owner) and the assignee (new owner) as required in lines 1 and 3 of the form.
• Do check the appropriate box to correctly indicate the status of both the assignor and assignee (e.g., Sole Proprietor, Corporation, LLC, etc.) as outlined in lines 2 and 4.
• Do clearly state the trade name, trademark, or service mark being assigned, along with its certificate number and classification, in section 5 of the form.
• Do ensure that the assignor, or an authorized person, signs the form in black ink as this is a critical step for the document's legitimacy.
• Don’t overlook the need to include the nonrefundable filing fee of $10.00 with your form submission, as failure to do so can result in delays.
• Don’t forget to review the form for completeness and accuracy before submitting it to the Department of Commerce and Consumer Affairs, as errors can cause unnecessary setbacks.

By adhering to these guidelines, you can help ensure that your assignment of a trade name, trademark, or service mark is processed efficiently and effectively, aligning with the requirements set forth by the Hawaii Department of Commerce and Consumer Affairs.

When it comes to filing the Hawaii Form T-4 for the assignment of a trade name, trademark, or service mark, there are several misconceptions that can lead to confusion or errors. Understanding the reality behind these misconceptions is crucial for a smooth and successful filing process. Here are seven common misunderstandings and the truths behind them:

• Only businesses in Hawaii need to file Form T-4. While the form is specific to Hawaii, any business, regardless of its primary location, that wants to assign its trade name, trademark, or service mark in Hawaii must file Form T-4 with the Hawaii Department of Commerce and Consumer Affairs.
• Electronic signatures are acceptable. The form clearly requires that the signature be in black ink, indicating that an original, hand-signed document is necessary for the submission. Thus, electronic signatures are not acceptable for this particular form.
• The filing fee is negotiable or can be waived. The filing fee for Form T-4 is a nonrefundable $10.00 and is a fixed cost that cannot be negotiated or waived. This is a statutory fee for processing the assignment.
• Any member of the business can sign the form. The form must be signed by the assignor (registrant) or an authorized officer of the corporation. Specific guidelines are provided for who must sign depending on the business structure, such as a general partner for partnerships or a managing member for LLCs.
• Fillable PDFs or handwritten forms are not accepted. Contrary to this belief, the form explicitly states it must be typewritten or printed in black ink and legible. This implies that as long as the document is clear and readable, handwritten submissions are acceptable.
• The form covers international trademarks. The scope of Form T-4 is limited to the assignment of trade names, trademarks, or service marks registered or to be registered in the state of Hawaii. It does not encompass international trademarks or the rights associated with them outside of Hawaii.
• Instant processing of the form is guaranteed. Upon submission, the processing time for the form can vary. While the Department of Commerce and Consumer Affairs strives for efficiency, there is no guarantee of immediate processing. Patience and proper planning are advised to account for processing times.

By dispelling these misconceptions, individuals and businesses can approach the assignment of their trade name, trademark, or service mark in Hawaii with clarity and confidence, ensuring that the process is completed correctly and efficiently.

When dealing with the assignment of a trade name, trademark, or service mark in Hawaii, the Form T-4 plays a crucial role. Its completion and submission are governed by clear requirements to ensure the legitimate transfer of rights from one party to another. Here are the key takeaways:

• It is mandatory to fill out the form using black ink and ensure that the typed or printed information is legible. This requirement helps to prevent any misunderstandings or errors in processing the form.
• The form must be accurately completed, reflecting the full details of both the assignor (current owner) and the assignee (new owner), including their status (e.g., sole proprietor, corporation, LLC). Accuracy in these initial sections is crucial for the legal transfer of rights.
• All assignments must be accompanied by a non-refundable filing fee of $10.00, and there is an additional fee for any checks that are returned due to insufficient funds. These financial obligations highlight the cost and seriousness of the assignment process.
• The assignment form requires signatures from authorized individuals based on the entity type of the assignor, such as an authorized officer of a corporation or a general partner of a partnership. This requirement ensures that the entity legally approves the transfer of rights.

In essence, the process of assigning a trade name, trademark, or service mark in Hawaii, as outlined on Form T-4, is designed to be a straightforward but legally binding procedure. Every step from filling out the form to paying the required fees ensures that the rights can be successfully and officially transferred from one party to another.