Trademark Assignment
Trademark Assignment In India
Trademark is an intellectual property and like any other asset, the proprietor of a trademark has the power to sell, license or transfer the owned intellectual property. Such a transfer can be made through Trademark Assignment or through licensing.
When a trademark is assigned, there are some variations in the ownership of the registered brand. But when it’s licensed, the benefits in the trademark continue to vest with the buyer but only a few qualified rights are given to the third party. This assignment can be done with or without assigning the business goodwill. In case of a registered trademark, such an assignment is required to be recorded in the Register of a trademark.
Requirements/ Checklist for Assign Trademark
Assets to be Assigned
- Pending trademark applications.
- Issued trademark registrations.
- Goodwill.
- Associated marks, applications or registrations.
- International registrations.
- Common law trademarks.
- Names of living or deceased individuals.
- Domain names, email accounts, social media or website accounts, etc.
Execution Requirements
- Signatories.
- Witness.
- Notarization.
- Legalization.
- Execution date and place.
- Power of attorney.
How To Do The Trademark Assignment In India Online?
t is mandatory to get all transmissions registered with The Registrar of Trademarks. In case ,if you have multiple marks, specify with a schedule that lists down the trademarks that need to get transferred. We help you in your Trademark Assignment in the following ways
Deed Drafting
Our experienced lawyers draft the deed on behalf of both the parties, detailing the transfer to be made.
Step 1
Filing
We help you get the entire process of filing completed and keep you posted on the status of your application throughout.
Step 2
Compliances
We help you with the post-registration formalities and compliances.
Step 3
Benefits of a Trademark Assignment
Unlock Value
Through an assignment agreement, the brand owner can unlock the value of the brand owner and can unlock the value of the brand, which, until this point, only has value on paper. The assignee, on the other hand, could be significantly better off beginning a market with a previously well-known brand, rather than developing a new one entirely.
Valid Proof
In case of a dispute associated with the trademark, legal rights would quickly be established through the action. The Registrar assures that all the checks are in place by testing the validity of all the clauses in the agreement and declaring the assignment in the Trade Marks Journal.
What is the Process for a Trademark Assignment?
The assignment of a trademark happens when assign or transfer of intellectual property rights to another person with or without goodwill. Assignee, the person who becomes qualified by the assignment of a certified trademark should apply for the trademark assignment in the designated manner.
- An application of a trademark assignment shall be made in Form ™-P by the assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor.
- Apply with the registrar of a trademark within six months from the date of procurement of the proprietorship. The application can be filed later, but the requisite fee may vary accordingly.
- In case of assignment without goodwill or assignment of a certified trademark, the regulation from the registrar of trademarks is needed before the expiry of six months from the date on which assignment is delivered or within the extended long period which is provided by the registrar.
- Advertise the assignment in such a manner and within such a period as the registrar may direct.
- A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office to make sure that the directions have been followed accordingly or not.
- On the receipt of the trademark assignment application and documents required, the registrar after perceiving satisfied shall register the assignee as the proprietor of the trademark and the specifications of the assignment to be recorded in the register.
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