2021-01-04T12:15:54+00:00

Trademark Assignment

Liquidate the hard-earned brand value, through Trademark Assignment

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OVERVIEW

What is Trademark Assignment?

Trademark is an intellectual property and like any other asset, the owner of a trademark has the right to sell, license or transfer the owned intellectual property. Such a transfer can be made through Trademark Assignment Agreement or through Licensing.

When a trademark is assigned, there is a change in the ownership of the registered brand. But when it’s licensed, the rights in the trademark continue to vest with the original owner but only a few restricted rights are given to the third party. This assignment can be made with or without transferring the business goodwill. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.

BENEFITS

Benefits of Assignment of Trademark in India

ONLINE REGISTRATION

Documents required for Trademark Assignment in India

Types of trademark assignment in India

Restrictions on the Assignment of a Registered Trademark

Assignments that create exclusive rights for more than one person with respect to the same goods or services are not permitted.
Simultaneous use of assigned marks by different individuals in different parts of the country is not permitted.
Online Registration

Assign Trademark in 3 Easy Steps

*Subject to Government processing time

The Process

Process to assign a Trademark

Frequently Asked Questions

Explore Trademark Opposition

2022-06-11T07:14:18+00:00

The trademark assignment agreement in India referred to as the Trademark Assignment Document, is entered between the parties being Assignor and Assignee. Once the Trademark Agreement is duly executed, an online trademark assignment procedure is to be followed. This application is filed with the Registry in the prescribed form with the help of registered Trademark Attorney along with the payment of prescribed fee.

2022-06-11T07:13:58+00:00

Trademarks, like any other asset, can be transferred from one owner to another. Such transfers can take place in the form of an assignment, or merger or amalgamation between two entities. Yes, an unregistered trademark can also be assigned, with or without goodwill by filing an application with the registry.

2022-06-11T07:13:40+00:00

Like any Agreement, the Deed of Trademark Assignment shall be executed after paying the Stamp Duty of as per the prescribed rates by the concerned State Government. The rate of stamp duty shall be calculated on the basis of the consideration agreed by the Parties. In addition to same, the effective date of Assignment shall be expressly provided.

2020-07-27T10:43:19+00:00

The Trademark Registry in India normally takes up to 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 conferred rights are enjoyed by the Transferee from the said date.

2020-07-27T10:43:08+00:00

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

2020-07-27T10:42:54+00:00

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 affect the said transfer of rights, an Agreement is to be executed by providing all the terms and conditions along with covenants as agreed by the Parties.

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Helpful Resources

  • Documents required for Trademark Assignment In India

Documents Required for Trademark Assignment In India

Jul 19, 2022|

A complete list of documents required for trademark assignment in India. Common requirements for doing trademark assignment include power of authority of an agent; trademark assignment agreement; no objection certificate among others.

  • Documents Required For Trademark Registration In India

Documents Required For Trademark Registration In India

Jul 19, 2022|

A complete list of documents required for trademark registration of different types of businesses in India. Common requirements for filing a trademark application include power of authorization of an agent; graphical representation of the trademark; user affidavit.

  • Trademark Class 45

Trademark Class 45: Legal and Security Services

Jul 15, 2022|

Trademark Class 45 includes all kinds of legal and security services. This blog has a list of all the services included trademark class 45.

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TRADEMARK ASSIGNMENT
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