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Trademark Assignment

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Trademark Assignment

Trademark is a kind of property and like any other tangible property, trademark also can be sell, transfer and lease out (License). Such a transfer can be done through a trademark assignment or through licensing agreement.

Assignment can be done for Registered and unregistered trademark. Assignment is a transfer of ownership from one party to other party.

A mark may be assigned or transferred to another entity in any of the following manners:

Complete Assignment to another entity– The owner transfers all its rights with respect to a mark to another entity, including the rights to further transfer, to earn royalties, to license, etc.
Assignment but with respect to only some of the goods/ services– The transfer of ownership is restricted to specific products or services only.
Assignment with goodwill– under such assignment the rights and goodwill of a trademark as associated with the product is also transferred to another entity.
Assignment without goodwill– This is an assignment wherein the original owner transfer the trademark but not the goodwill attached to the products/service for which the original owner is using it. This means that assignor & assignee both can use the same trademark but for dissimilar goods or services.

FAQ's

1.Who can apply for trademark ?

An individual , partnership/pvt. ltd. Association of person society, trust limited Co and NGO.

2.What are documents required for applying trademark?

In case of individual/proprietor

  • Adhar card
  • Pan card

For partnership/LLP/Pvt

  1. If turnover less than 5 cr.
  • PAN card
  • MSME/SSI certificate
  • Authorised/partner/director/trustie adhaar card
  • Cancelled cheque of company current account

2.If turnover more than 5 cr.

  • PAN card
  • Authorised person adhaar card

3.What is TM and when to use TM?

TM stands for trademark. The use of TM symbol is a in front to the public that the company/person is claiming exclusive ownership of the trademark and can be mentioned after receiving the TM No. assigned by the trademark department.

4.What is ® and when to use?

The ® symbol is for registered trademark ,can be used only once the trademark is registered and the registration certificate is issued.

5.What is validity of trademark?

Trademark is not valid for lifetime. It is valid for a period of 10 years from the date of application .

6.If any Co. name is already registered under the company Act,do I also need trademark registration for my company name?

A company name under the Co. act does not in itself give protection against the name to registration other to the same or similar name trademark registration is necessary. Trademark registration provides legal ownership on the marks applied.

7.Will the trademark valid outside India?

No, Trademark registration offers territorial protection only. Which if registration applied and registered in India and USA applied for the same name, the Indian won’t be able to stop the USA person to use the name

When can a trademark be assigned or licensed?

The Death of the Trademark Owner

Whenever the owner of the trademark dies, its ownership is passed on to the successors in will or intestate. The condition being that the TM should be valid and must not have been abandoned.

Sale of Business

Intellectual properties are assets. Just like all properties, even the trademark can be sold with the company. Provided it is registered under the company’s name. If a party acquires trademark rights by acquiring a business vis-à-vis a sale of assets, the intellectual properties are also transferred.

Change of Name of Owner

When there is a merger or an amalgamation of the company, a notification is sent to the registry. All the IP of the acquired company are transferred to the new company through the trademark assignment agreement.

Change in Form of Business

An assignment is a boon for businesses that plan on changing their business structures.

For example, a sole proprietorship that owns a trademark can later transfer the ownership and rights, through trademark assignment in case it plans on changing its business structure i.e. convert the sole proprietorship to a private limited company

Basic
7999
  • Preparing and filing of assignment deed for pending Trademark, if filed by Trademark Karo
*rates are subject to change
Standard
17999
  • Preparing and filing of assignment deed for registered Trademark, if filed by Trademark Karo
*rates are subject to change
Premium
18999
  • Filing of assignment deed for registered Trademark, if application is not filed by Trademark Karo
*rates are subject to change