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Frequently Asked Questions
The word Assignment in reference to Intellectual Properties such as Trademark is referred for transfer of rights of ownership of property. The Assignment of Trademark is transfer of ownership of Trademark by the owner to any other person or entity.
For Assignment of Trademark in India, an Agreement (referred as Trademark Assignment Document) is entered between the parties being assignor and Assignee. Once the Agreement is duly executed, online trademark assignment procedure is to be followed. An online application for Trademark Assignment is to be filed with the Registry where in the prescribed form with the help of Registered Trademark Attorney by payment fee as prescribed.
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.
The Assignment of Trademark can be Partial or Complete and with or without goodwill of the business concerned. The terms of the said assignment shall be incorporated in the Deed of Assignment of Trademark considering the grounds and facts involved for the assignment of transfer.
Alike any Agreement, the Deed of Trademark Assignment shall be executed after payment of Stamp Duty as per the rates prescribed by the concerned State Government. The rate of stamp duty shall be calculated on the basis of consideration agreed by the Parties. In addition to same, the effective date of Assignment shall be expressly provided.
The Trademark Registry in India normally takes 6 to 8 months to update the data of the transfer. However, where the effective date of transfer is expressly provided in the Trademark Assignment Document i.e. Assignment Deed, the rights conferred can be enjoyed by the Transferee from the said date.
Registry has prescribed Rs 9,000/- as fee payable for application of transfer Trademark ownership in India i.e. Trademark Assignment.
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The owner of the Trademark enjoys Legal Right, protection from free riders and exclusivity. A Trademark is considered as an intangible asset for any company or person that gets his/her trademark registered. Transferring Trademark ownership rights is called as Trademark Assignment and the said transfer requires a pre-defined procedure to be followed and filing of application with the Trademark Registry. At LegalWiz.in, we cater to customers who are looking for a better, faster and affordable online Trademark Assignment Services in India, as per the Trade Marks Act, 1999. We guarantee highest quality standard backed by 100% customer satisfaction. Our team of qualified professionals are always at your service to handle all the matters relating to online Trademark Assignment putting you and your company at ease. We would see that all the legal and administrative aspects of online Trademark Assignment Procedure of your Brand Name are taken care of. To assign your trademark online, you need to spare less than 10 minutes. All you need to do is provide answers to a few simple questions and documents related to your Trademark, and the rest would be taken care by the LegalWiz.in team. Subject matter experts are available on call or via email to answer your queries. We also provide a full spectrum of services related to Trademark Registration, Trademark Objection, Trademark Renewal, Trademark Assignment, Copyright Registration, Incorporation of LLO, Private Limited Company Registration, GST Registration and Return Filings, Personalized Legal Document Drafting, Accounting and Bookkeeping Services, etc. We offer services through an online model and a network of trusted affiliates across all major cities in India including Mumbai, Delhi, Ahmedabad, Rajkot, Surat, Pune, Bangalore, Hyderabad, Vadodara, Kolkata, Bangalore, Chennai, Noida, Gurgaon, Ghaziabad and others.