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TRADEMARK ASSIGNMENT

TRADEMARK ASSIGNMENT 

 

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WHAT IS TRADEMARK ASSIGNMENT

Trademark is like any asset can be transferred from one owner to another. Transfer of trademark is also known as assignment of a trademarks. Under assignment owner (assignor) of the trademark transferred his ownership to another (assignee) person, either completely (with goodwill) or for a limited number of products or services (without goodwill). 

The transfers could be temporary through licensing or permanent through an assignment, subject to certain term and conditions and their mutual consent between them. To put it simply, in case of an assignment of a trademark, there is a change in the ownership of the registered brand and in case of licensing, the right in the trade mark continues to vest with the original owner but only few restricted rights to use the brand/mark are given to the third party.  In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.

Assignment can be done through following manner such as:- 

- complete assignment to another entity

- assignment with goodwill

- assignment without the goodwill

- assignment to another entity but with respect to only some of the goods/ services

You can register your trademark assignment done through COMPLIANCESBIZ

WHAT IS INCLUDED IN OUR TRADEMARK ASSIGNMENT

1 ) Draft Assignment application
2 ) Drafting of Assignment deed
3 ) Government Fees
4 ) Filing of Assignment Application
5 ) Consultation charges

PROCEDURE FOR TRADEMARK ASSIGNMENT

1

Arrange basic documents (will be shared on mail)

2

Compliance Biz Team will Call you

3

We will draft your assignment and mail you all the detail

4

Compliancesbiz will file your assignment application

5

Congratulation your trademark application is filled and will share acknowledgement slip.

DOCUMENTS REQUIRED FOR TRADEMARK ASSIGNMENT

Draft Assignment application
Drafting of Assignment deed
Government Fees
Filing of Assignment Application
Consultation charges

ADVANTAGES OF YOUR TRADEMARK ASSIGNMENT

Assignment of trademark is profitable

Transfer of trademark is profitable from both perspectives. The proprietor will be paid to assign his trademark and the assignee will benefit from the mark. The important thing to remember is that in order to have all the rights available to the assigned, the assignment has to be registered first.

 

Assignment of trademark increase goodwill and reputation

 A trademark gains considerable reputation over the years and such reputation will eventually acquire goodwill. Therefore, when one buys a product purely on the basis of the trademark, then one is giving value to the goodwill and reputation that the trader has gained throughout the years.

 

Consideration

Assignment of a trademarks helps to generate some extra cash.

 

Importance of Assignment Agreement

A trade mark is generally assigned by way of a properly executed Trademark Assignment Agreement which pertains to the transfer of the mark from one person or entity who is the owner to another. An agreement is a valid proof between the parties containing the terms, conditions, rights and responsibilities. In case of any dispute arising, legal rights can easily be established through assignment agreement. 

FREQUENTLY ASKED QUESTIONS

Transfer of trademark from one person to another person can be done through by executing the assignment agreement also known as the assignment deed. Through the assignment deed the rights can be transferred legally upon such terms and conditions as executed under the agreement signed by both the parties. It usually involves onetime payment. 

Assignment of an unregistered mark:

Section 39 stipulates that an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. A request has to be made on Form TM-16 for an unregistered trademark to be assigned or transferred.

Assignment of a registered trademark:

Section 38 stipulates that trade Marks can be either assigned in full or transmitted in part, with or without the goodwill of the business. All transmissions or assignments must be registered with the Registrar of Trade Marks on Form 23 or 24 of the Trade Marks. (Rule 68 of the Trademarks rule, 2002).

Yes, an unregistered trademark can also be assigned with or without Goodwill by filing an application with the Registry in this regards.

The owner of the Trademark can provide rights of using the Trademark without transfer of ownership. This is called Partial transfer of Trademark or Licensing of Trademark in India. To effect the said transfer of rights, an Agreement is to be executed by providing all terms and conditions along with covenants as agreed by the Parties.

  1. the rights of the owner of the brand are not detrimentally affected due to the obligations contained.
  2. the requirement and decision regarding whether the assignment should be with or without the goodwill of the business is explicitly mentioned and negotiated
  3. the agreement should be drafted keeping in mind the purpose of the transaction in question
  4. the rights and duties of licensee are distinctively pre determined and defined.
  5.  it is absolutely necessary that the territorial extent of the assignment is clearly laid down; for example, if the assignee is based in India, then it is a must that the assignment deed contain a clause saying the assignment is for that particular region.
  6. the mark/marks that the proprietor wants to assign must be mentioned clearly.
  7. The consideration that the assignee needs to pay should be mentioned as well. The stamp duty has to be calculated on the basis of the consideration.

Registry has prescribed Rs 9,000/- as fee payable for application of transfer Trademark ownership in India i.e. Trademark Assignment.

Registered proprietor of subsisting trademarks can assign his trademarks to subsequent  users.

Any registered/unregistered trade mark can be assigned or transmitted with or without goodwill.

Within six months of the date of the agreement, an application for registration for Trademark Licensing Agreement, need to be submitted with the Indian Trademark Department.

Yes, In a partial assignment, the transfer of ownership is restricted to specific product or service only. The owner may retain the right to further transfer, to earn royalties etc.

Yes, assignment of more than one trademark is possible.