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Frequently Asked Questions
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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 in the state of Hawaii. This form is essential for transferring ownership of these intellectual property rights from one party (the assignor) to another (the assignee). It ensures that the new owner is officially recognized and can protect their rights associated with the trade name or mark.
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How much does it cost to file the T 4 form?
The filing fee for the Hawaii T 4 form is $10.00. It is important to note that this fee is nonrefundable. When submitting the form, be sure to include the payment, as the assignment will not be processed without it. If you submit a check that is dishonored, a fee of $25.00 will be charged.
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Who needs to sign the T 4 form?
The T 4 form must be signed by the assignor, who is the current owner of the trade name or mark. If the assignor is a corporation, an authorized officer must sign. For partnerships, a general partner needs to sign, while in the case of an LLC, a manager or member must provide their signature. Ensuring the correct person signs the document is crucial for its validity.
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Where do I submit the T 4 form?
You should submit the completed T 4 form to the Department of Commerce and Consumer Affairs in Hawaii. The mailing address is:
- P.O. Box 40
- Honolulu, Hawaii 96810
If you have any questions during the process, you can call their office at (808) 586-2727. For those on the neighbor islands, specific phone numbers are provided for assistance.
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Steps to Writing Hawaii T 4
Completing the Hawaii T-4 form is a straightforward process that requires careful attention to detail. This form is used for the assignment of a trade name, trademark, or service mark. To ensure a smooth filing, follow the steps outlined below to accurately fill out the form and submit it along with the required fee.
- Begin by entering the Assignor's Name in the designated space. This is the name of the current owner of the registration.
- Provide the Assignor's Address, including the city, state, and zip code.
- Indicate the Status of Assignor by checking one of the boxes provided: Sole Proprietor, Corporation, Partnership, LLC, LLP, Unincorporated Association, or Other. If you select "Other," briefly explain the type of entity.
- If the assignor is a corporation, partnership, or LLC, list the state or country of incorporation/formation/organization.
- Next, enter the Assignee's Name, which is the individual or entity receiving the registration.
- Fill in the Assignee's Address, including the city, state, and zip code.
- Check the Status of Assignee by selecting one of the options: Sole Proprietor, Corporation, Partnership, LLC, LLP, Unincorporated Association, or Other. If you select "Other," provide an explanation.
- If the assignee is a corporation, partnership, or LLC, list the state or country of incorporation/formation/organization.
- In section 5(a), write the trade name, trademark, or service mark being assigned. If applicable, provide a description of any design included in the mark and submit a sample of the design.
- Enter the Certificate Number of the trade name, trademark, or service mark being assigned in section 5(b).
- Specify the classification of the trademark or service mark in section 5(c).
- Certify your authority to sign the assignment by checking the appropriate box (either as the assignor or as an authorized representative) and print your name.
- Sign the form in black ink and include the date of signing.
- Prepare a check for the nonrefundable filing fee of $10.00, made payable to the Department of Commerce and Consumer Affairs.
- Submit the completed form along with the payment to the address provided on the form.
Misconceptions
Here are some common misconceptions about the Hawaii T 4 form, along with clarifications to help you understand it better.
- Misconception 1: The T 4 form is only for businesses in Hawaii.
- Misconception 2: Filing the T 4 form guarantees trademark protection.
- Misconception 3: The filing fee is refundable.
- Misconception 4: Only individuals can file the T 4 form.
- Misconception 5: The T 4 form must be filed in person.
- Misconception 6: Only the assignor can sign the form.
- Misconception 7: The T 4 form can be handwritten.
- Misconception 8: You don’t need to provide any additional information.
This form can be used by businesses located outside of Hawaii as long as they have a registered trade name, trademark, or service mark in the state.
While the T 4 form is an assignment document, it does not guarantee trademark protection. You must still meet all requirements for trademark registration.
The $10.00 filing fee is nonrefundable. It’s important to ensure that all information is accurate before submitting the form.
Entities such as corporations, partnerships, and LLCs can also file this form. Each entity type has specific signing requirements.
You can submit the T 4 form by mail or fax. This offers flexibility for those who may not be able to visit the office in person.
For corporations and partnerships, an authorized officer or general partner must sign. This ensures that the assignment is legally binding.
The form must be typewritten or printed in black ink to ensure clarity and legibility. This requirement helps avoid processing delays.
Along with the T 4 form, you may need to provide a sample of the design if the trademark includes one. Make sure to check all requirements before filing.