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Overview

The Hawaii T 4 form is a crucial document for anyone looking to assign a trade name, trademark, or service mark in the state of Hawaii. This form, governed by Chapter 482 of the Hawaii Revised Statutes, facilitates the legal transfer of ownership from one entity to another. A nonrefundable filing fee of $10.00 is required upon submission. To complete the T 4 form, the assignor—who is the current owner—must provide their full name, address, and status, which could be a sole proprietor, corporation, partnership, or other entity types. The assignee, or the new owner, must also be clearly identified with similar details. Additionally, the form requires information about the specific trade name, trademark, or service mark being assigned, including its certificate number and classification. Proper completion is essential, as the assignment must be signed by the assignor or an authorized representative, depending on the type of entity involved. Accurate and legible entries are necessary to ensure a smooth filing process. Failure to adhere to these requirements may lead to delays or complications in the assignment process.

Document Preview Example

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).

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(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: breg@dcca.hawaii.gov

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)

How to Fill Out Hawaii T 4

Filling out the Hawaii T 4 form is an important step in transferring a trade name, trademark, or service mark. After completing the form, you will need to submit it along with the required fee to the appropriate department. Make sure to follow the instructions carefully to ensure a smooth process.

  1. Begin by typing or printing your information clearly in black ink.
  2. In Line 1, enter the full name of the assignor (the current owner of the registration) and their complete address, including city, state, and zip code.
  3. In Line 2, check the box that corresponds to the status of the assignor. If you select "Other," provide a brief explanation of the assignor's entity type. If applicable, list the state or country of incorporation or formation.
  4. In Line 3, provide the full name of the assignee (the person or entity receiving the registration) and their complete address, including city, state, and zip code.
  5. In Line 4, check the box that indicates the status of the assignee. Again, if you choose "Other," explain the entity type. Include the state or country of incorporation or formation if relevant.
  6. In Line 5(a), state the trade name, trademark, or service mark being assigned. If it includes a design, provide a complete description and a sample of the design.
  7. In Line 5(b), enter the Certificate Number of the trade name, trademark, or service mark being assigned.
  8. In Line 5(c), state the classification of the trademark or service mark being assigned.
  9. Sign the form in black ink, certifying that the information provided is true and correct to the best of your knowledge. Include your printed name, title (if applicable), and the date of signing.
  10. Prepare a check for the nonrefundable filing fee of $10.00, made payable to the Department of Commerce and Consumer Affairs.
  11. Submit the completed form along with the payment to the address provided on the form.

Common mistakes

Filling out the Hawaii T-4 form can be straightforward, but many people make common mistakes that can delay the process. One frequent error is failing to provide complete and accurate information. For instance, not including the full name and address of both the assignor and assignee can lead to unnecessary complications.

Another mistake is neglecting to check the correct status box for both the assignor and assignee. It's crucial to select only one option that accurately reflects the entity type. If you choose "Other," be sure to explain clearly what that means. Incomplete status information can result in rejection of the form.

People often overlook the importance of legibility. The form must be typed or printed in black ink. If the handwriting is difficult to read, it could cause delays or errors in processing. Make sure every entry is clear and easy to understand.

Additionally, signatures are a common pitfall. The form must be signed by the assignor only. If the assignor is a corporation or other entity, ensure that an authorized officer or partner signs. Failing to have the correct person sign the form can invalidate the assignment.

Many individuals forget to include the certificate number of the trademark or service mark being assigned. This information is essential for processing the assignment. Omitting it can lead to confusion and delays.

Another issue arises with the filing fee. The T-4 form requires a nonrefundable fee of $10.00. Some people forget to include this payment, which can halt the processing of the form. Always double-check that the payment is attached.

Some applicants fail to include the classification of the trademark or service mark. This classification helps in accurately processing the assignment. Ensure that this detail is not left blank.

Moreover, individuals often do not certify their statements correctly. The form requires a certification that the information provided is true and correct. Make sure to check the appropriate box and provide your name, signature, and date.

Lastly, not following the instructions on the reverse side of the form can lead to mistakes. These instructions provide vital information about what is required. Review them carefully to avoid missing critical details.

By being aware of these common mistakes, you can ensure a smoother process when submitting the Hawaii T-4 form. Attention to detail will help prevent delays and ensure that your assignment is processed efficiently.

Documents used along the form

The Hawaii T 4 form is an essential document for the assignment of trade names, trademarks, or service marks in Hawaii. When completing this form, it is often necessary to use additional forms and documents to ensure compliance with state regulations and to facilitate the assignment process. Below is a list of related documents commonly used in conjunction with the Hawaii T 4 form.

  • Business Registration Application: This form is required for registering a new business entity in Hawaii. It provides the necessary information about the business structure, ownership, and contact details.
  • RV Bill of Sale: This document is essential for recording the transaction details during the sale of a recreational vehicle in Texas, ensuring that ownership is officially documented. For those looking to complete this process, visit https://billofsaleforvehicles.com/editable-texas-rv-bill-of-sale/ for further assistance.
  • Certificate of Good Standing: This document verifies that a business entity is legally registered and compliant with state regulations. It is often required when transferring ownership or assigning trademarks.
  • Trademark Application: If a new trademark is being registered, this application must be completed. It outlines the details of the trademark, including its classification and description.
  • Assignment Agreement: This is a separate contract that formalizes the agreement between the assignor and assignee regarding the transfer of rights. It may include terms and conditions that govern the assignment.
  • Statement of Use: If a trademark is being used in commerce, this document may be required to demonstrate that the trademark is actively being utilized in business operations.
  • Change of Address Form: If either the assignor or assignee has changed their business address, this form must be submitted to update the records with the state and maintain accurate contact information.

Using these forms in conjunction with the Hawaii T 4 form ensures that all legal requirements are met during the assignment process. Proper documentation helps protect the rights of both parties involved and facilitates a smooth transition of ownership.

Obtain Answers on Hawaii T 4

What is the Hawaii T 4 form?

The Hawaii T 4 form is used to assign a trade name, trademark, or service mark from one party to another. This form is essential for ensuring that the rights associated with the trade name or trademark are legally transferred. It is governed by Chapter 482 of the Hawaii Revised Statutes.

Who needs to file the T 4 form?

Anyone who wishes to transfer ownership of a registered trade name, trademark, or service mark in Hawaii needs to file the T 4 form. This includes individuals, corporations, partnerships, and limited liability companies. If you are the current owner (assignor) and want to assign your rights to another party (assignee), this form is necessary.

What is the filing fee for the T 4 form?

The filing fee for the Hawaii T 4 form is $10.00. This fee is nonrefundable, meaning you will not get it back once you submit the form. If your check bounces, there is an additional dishonored check fee of $25.00.

How do I complete the T 4 form?

To complete the T 4 form, follow these steps:

  1. Type or print the assignor's name and address clearly in black ink.
  2. Indicate the status of the assignor by checking the appropriate box.
  3. Provide the assignee's name and address, also in black ink.
  4. Check the status of the assignee.
  5. Fill in the details of the trade name, trademark, or service mark being assigned, including its certificate number and classification.
  6. Sign the form, ensuring that the signature is in black ink.

Where do I submit the T 4 form?

You should submit the completed T 4 form to the Department of Commerce and Consumer Affairs, Business Registration Division. The mailing address is P.O. Box 40, Honolulu, Hawaii 96810. Ensure that you include the filing fee with your submission.

Can I submit the T 4 form electronically?

The current process for filing the T 4 form does not support electronic submissions. You must print the form, complete it, and mail it to the appropriate address. If you have questions, you can call the Business Registration Division at (808) 586-2727.

What happens after I submit the T 4 form?

Once your T 4 form is submitted and processed, the Department of Commerce and Consumer Affairs will issue a Certificate of Assignment. This certificate confirms that the trade name, trademark, or service mark has been assigned to the new owner (assignee). Keep this certificate for your records.

What if I make a mistake on the T 4 form?

If you realize that you've made a mistake after submitting the form, you will need to correct it. This may involve filing a new T 4 form with the correct information and paying the filing fee again. Always double-check your entries to avoid this issue.

Is the information on the T 4 form public?

Yes, all business registration filings, including the T 4 form, are open to public inspection. This means that anyone can view the information contained in your filing. If you have concerns about privacy, consider how this information may be accessed by others.

Document Attributes

Fact Name Fact Description
Form Title The form is officially titled "Assignment of Trade Name, Trademark or Service Mark" and is designated as Form T-4.
Filing Fee A nonrefundable filing fee of $10.00 is required when submitting the form.
Governing Law This form is governed by Chapter 482 of the Hawaii Revised Statutes.
Submission Requirements The assignment must be typewritten or printed in black ink and must be legible.
Signature Requirements The form must be signed by the assignor (registrant) only. Different types of entities have specific signing requirements.
Contact Information For questions, individuals can call (808) 586-2727 or contact via email at breg@dcca.hawaii.gov.
Certificate Assignment The form includes a section for the Certificate of Assignment, which confirms the registration has been assigned to the assignee.
Trade Mark Details Applicants must provide the trade name, trademark, or service mark being assigned, along with the certificate number and classification.
Dishonored Check Fee A fee of $25.00 is charged for any dishonored checks submitted with the form.
Public Inspection All business registration filings, including this form, are open to public inspection as per Section 92F-11 of the Hawaii Revised Statutes.

Misconceptions

Understanding the Hawaii T 4 form is essential for anyone involved in the assignment of trade names, trademarks, or service marks. Unfortunately, several misconceptions can create confusion. Here are seven common misunderstandings:

  • The T 4 form is only for businesses located in Hawaii. This is not true. While the form is filed in Hawaii, businesses from outside the state can also use it to assign their trademarks or service marks within Hawaii.
  • Filing the T 4 form guarantees trademark protection. This is misleading. The form merely documents the assignment of a trademark. Actual protection comes from the registration process and meeting specific legal requirements.
  • Only corporations can file a T 4 form. This is incorrect. Individuals, partnerships, and various types of entities can file the T 4 form as long as they meet the necessary criteria.
  • The filing fee is refundable. This is a misconception. The $10 filing fee is nonrefundable, regardless of the outcome of the application.
  • Any person can sign the T 4 form. This is not accurate. The form must be signed by the assignor or an authorized representative, depending on the type of entity involved.
  • You can submit the T 4 form without complete information. This is misleading. The form must be filled out completely and legibly. Incomplete submissions may lead to delays or rejections.
  • The T 4 form is only relevant for new businesses. This is not true. Existing businesses can also use the T 4 form to transfer ownership of trademarks or service marks.

By addressing these misconceptions, individuals and businesses can navigate the process of trademark assignment more effectively. Understanding the requirements and implications of the T 4 form is vital for protecting one's intellectual property rights.

Key takeaways

  • Understand the Purpose: The Hawaii T 4 form is used for the assignment of a trade name, trademark, or service mark. This is essential for transferring ownership rights.
  • Filing Fee: A nonrefundable filing fee of $10.00 is required. Ensure your payment is ready when submitting the form.
  • Complete and Accurate Information: Fill out the form legibly in black ink. Provide complete names and addresses for both the assignor and assignee.
  • Signature Requirements: The assignment must be signed by the assignor. If the assignor is a corporation or partnership, an authorized representative must sign.
  • Provide Necessary Details: Include the trade name, trademark, or service mark being assigned, along with its certificate number and classification.
  • Contact Information: For questions or assistance, contact the Department of Commerce and Consumer Affairs at (808) 586-2727. Make sure to have your details ready for a smoother process.