Trademark Assignment
TRADEMARK ASSIGNMENT
ABOUT
When a Trademark is transferred to another person, the process is called Assignment of the trademark.
Thus, the Assignment of a trademark means the transfer of the Owner’s title, rights, interests, and benefits to another person. The transferring party is called as “Assignor” and the receiving party is called as “Assignee”. The Trade Marks Act, 1999 deals with the assignment as well licensing of trademarks.
FEATURES OF ASSIGNMENT OF TRADEMARK
The owner of the registered trademark shall have the power to assign a Trademark u/s 37the of Trademark Act.
As per the Provision of section 38 of the Trademark Act, a registered trademark can be transferred with or without the goodwill of the business concerned either in respect of all the goods or services in respect of which the said trademark is registered or of some of the goods or service.
As per the Provision of section 39 of the Trademark Act, an unregistered trademark may be assigned with or without the goodwill of the business concerned.
There is a restriction on an assignment, where multiple exclusive rights would be created about the same or similar goods or services, indifferent person.
There is a restriction on an assignment where exclusive rights would be created for different people in different parts of India.
The assignor ceases to have his rights, title, or any interest in the trademark, the moment the assignment deed is executed in favor of the assignee, irrespective of the fact that the name of the assignee has not been updated in the record of the Registrar of trademarks.
The event of assignment asserts the rights and title in an assignee, not the registration thereof.
Registration of assignment is only prima facie proof of title of a trademark.
Rights in an assignee exist even before the registration of the assignment of the trademark.
The assignment is to be in writing.
DOCUMENT REQUIRED
• Certificate of Trademark registration.
• Power of Attorney
• Particulars (Identity and address proof) of the assignor and assignee.
• NOC from the original owner of the registered trademark.
• Description of trademark assignment with or without goodwill.
• Copy of advertisement along with a Registrar’s direction.
• Signatories and Witness.
• Notarization.
• Proof of Execution date and place.
• Assignment Deed
PROCEDURE OF TRADEMARK ASSIGNMENT
Make an application for the Trademark assignment either by the assignee or the assignor or both of them.
Submission of all the details (original copy of duly certified documents) of the transfer and be made under form TM-P.
File the same with the Registrar of the trademark within 3 months of acquisition of proprietorship.
Registrar of the trademark shall dispose of the application for registration of assignment of the trademark within a period of 3 (three) months from the date of receipt of application.
The applicant has to make the advertisement as specified by the registrar.
If the Registrar is satisfied with all the requisite documentation, he shall officially transfer the trademark from the assignor to the assignee. The name of the Assignee is to be registered as a new proprietor in the register. The assignee can then use the trademark as per the terms of the Trademark assignment agreement.
## There may be complex things that occur during the process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time. Our team of LAW COMPLIANCES, having expertise in all such kinds of matters, will resolve all problems about registration & compliances and will save your precious time and Money.
Working Process:
>Choose your Plan and Pay Securely.
> Upload required document
> An expert will be assigned to you for the procedure of submission of the application.
> Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.
BASIC PLAN: Drafting Assignment Deed and filing of trademark assignment application with (1class, 1 assignment) for SME Inclusive of government fee and service tax.
Service Fees: 14999/- inclusive All Fees.
ACE PLAN: Drafting Assignment Deed and filing of trademark assignment application with (1class, 1 assignment) & MSME Registration Inclusive of government fee and service tax.
Service Fees: 19999/- inclusive All Fees.
TIME EXPECTED:
Law Compliances can help you in Registration of Trademark in 7-10 working days.**
**Time taken for Incorporation will depend on submitting the relevant documents by the client and approval from the Government authorities.
FREQUENTLY ASKED QUESTION (FAQ):
What are the kinds of Trademark Assignment Agreements?
• Assignment of Intellectual Property Rights Agreement
• Assignment and Transfer Agreement
• Intellectual Property Assignment
• Transfer of Trademark Rights
• Trademark Purchase and Trademark Assignment Agreement
Can an Individual Assign a Trademark?
Yes, an individual can assign a registered trademark.
Do trademark assignments need to be notarized?
The party assigning the trademark must sign the assignment, and while notarization is strongly put forward it is not strictly required. Once an assignment has been executed, it should be recorded.
Can a person buy a trademark from someone?
Yes, a person can buy someone else’s trademark through a Trademark assignment.
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