Transfer Trademark Ownership online

Trademark Assignment is the process of transferring ownership of a trademark (symbol, phrase, number, or even a combination of colors) with or without the goodwill of the company. Use KNAP ADVISORY expert service for Trademark Assignment online.

Documents required for Transferor & Transferee

  • Pan Card Copy (Mandatory)
  • ID Proof (Any one) – Driving License/ Voter ID/ Passport Copy/ Aadhaar Card
  • Passport Size Photograph
  • Mobile No. & Email-ID

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Trademark Assignment in India

An overview- Trademark Assignment in India

An symbol, design, or expression can be used to identify a company's products or services through a trademark. It also helps in distinguishing the items or services from those offered by others. It is possible for a business, an individual, a non-profit, or some other type of legal body to have trademarks.

The owner of a trademark has the right to sell, share, licence, or transfer the trademark, just like any other asset. Trademark Assignment or licencing can be used to convey this form of ownership.

While trademark remain the property of the owner, some rights are granted to a third party in the case of licencing. With or without the business's goodwill, a trademark can be assigned. Assignment of a trademark, on the other hand, necessitates its entry in the trademark registry.

The interest, title, and rights in a registered trademark are transferred when a trademark owner assigns his or her trademark. The 'assignor' and the 'assignee' are two terms used to describe the party who transfers trademark rights in a trademark assignment.

Benefits

Benefits of Trademark Assignment

Expanding your business

An assignment in which both parties maintain the right to associate the brand name with their separate businesses is known as a licencing arrangement. A benefit of trademark assignment is that both parties gain from their combined efforts. Additional vendors might be hired to support and maintain brand promotion as a result of partial assignment.

Value Activated

In the event of a trademark dispute, the legal rights to the brand can be plainly established in the deed thanks to trademark assignment. This must be ensured by the registrar, who certifies and publishes the agreements and their provisions in the journal.

Sufficient Evidence.

In the event of a trademark dispute, the legal rights to the brand can be plainly established in the deed thanks to trademark assignment. This must be ensured by the registrar, who certifies and publishes the agreements and their provisions in the journal.

Sufficient Evidence.

In the event of a trademark dispute, the legal rights to the brand can be plainly established in the deed thanks to trademark assignment. This must be ensured by the registrar, who certifies and publishes the agreements and their provisions in the journal.

Detailed process of Trademark Assignment in India

Intellectual property rights, with or without goodwill, are transmitted when a trademark is assigned or transferred. For the transfer of a registered trademark to a new owner, an application for a trademark assignment must be made in the manner required by law.

  • Any party wishing to request registration of the assignee as a subsequent proprietor must submit an assignment application in Form TM-P, which must be completed by both parties.
  • File a trademark application to the registrar within six months of acquiring the proprietorship.
  • The application can be submitted at a later date, however the fee may differ.
  •  Before six months have passed since delivery of the assignment or before the extended long term indicated by the registrar, a trademark registrar regulation is required for a non-goodwill assignment or a trademark assignment approved by the registry of trademarks.
  • The registrar specifies how and for how long the assignment should be advertised.
  • In order to make sure that the instructions have been followed appropriately, the office must have a copy of the registrar's directive and the assignment advertisement.
  • A trademark assignee can be registered as a trademark proprietor after receiving an application and the necessary paperwork from the registrar, if they are satisfied.

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HELP & FAQs

What exactly is a trademark assignment?

The interest, title, and rights in a registered trademark are transferred when a trademark owner assigns his or her trademark. With or without the business's goodwill, a trademark can be assigned.

How may an unregistered trademark be transferred?

Section 39 of the trademark law allows for the transfer or assignment of an unregistered trademark. For this, the assignor must submit Form TM-16, in which he or she requests the unregistered mark be assigned or transferred.

What is a trademark assignment agreement?

During the transfer of a trademark, the trademark owner and the trademark assignee sign a trademark assignment agreement.

What is “Complete Assignment”?

The registered trademark owner's rights are transferred to a third party through a Complete Trademark Assignment. The trademark owner's rights are transferred to the assignee, who becomes the sole owner of the trademark. Upon receiving ownership, the recipient gains the power to transfer, trade, and sell the property while also prohibiting unauthorised use. Trademark licencing and trademark assignment are two different things.

What is the difference between assignment of trademark and trademark licensing?

Ownership of the trademark registration is passed upon assignment; however, in the case of a licence, the original owner retains ownership of the trademark, but the licensee receives limited rights to use the brand or trademark.

What are the benefits of trademark assignment?

Benefits of trademark assignment-
• Expanding the business and raising its worth.
• It serves as evidence in any legal problems that may arise between the parties.

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Legal Info

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