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Trademark Assignment

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Documents Required for Trademark Assignment

  • Trademark assignment agreement.
  • Trademark certificate.
  • NOC from the assignor.
  • Identification documents of the assignor and assignee.

  • The proprietor of the trademark (assignor) assigns his/her rights in the trademark through a trademark assignment agreement to the assignee.
  • The assignor or assignee, or both, can make a joint request to register the assignment by filing an application of a trademark assignment in Form TM-P to the register of trademarks.
  • Form TM-P must be filed with the registrar of the trademark within six months from the date of the assignment. The application can be filed after six months of assignment, but the fee may vary accordingly.
  • The assignment must be advertised in such a manner and within the period directed by the registrar of trademarks.
  • The copy of the advertisement and the registrar’s direction should be submitted to the office of the registrar of trademarks.
  • Upon the receipt of the trademark assignment application (form TM-P) and required documents, the registrar of trademarks will register the assignee as the proprietor of the trademark and record the specifications of the assignment in the register.

  • The trademark assignment enables the trademark proprietor to encash the value of his/her brand.
  • The assignee obtains the rights of an already established brand due to trademark assignment.
  • The trademark assignment supports the assignor and the assignee to expand their respective businesses.
  • The trademark assignment agreement enables the assignor and the assignee to establish their legal rights in case of any dispute.

    • Trademark assignment is important as it allows the transfer of ownership of a trademark from one party to another, ensuring that the new owner has legal rights to the trademark. This process involves the execution of a legally binding agreement and filing the necessary documents with the relevant authorities. Trademark assignment requires a thorough understanding of trademark laws and regulations, and engaging the services of a trademark attorney can help ensure a smooth and successful transfer of ownership.

    Yes, a trademark can be assigned to more than one party. In such cases, the assignors and assignees must agree on the terms of the assignment and execute a legally binding agreement that outlines the rights and responsibilities of each party.

    What is Trademark Assignment?

    Trademark proprietors can transfer trademarks similarly to how they can transfer physical properties. One of the ways to transfer a trademark is through an assignment. Assignment means transferring rights, interests, titles and benefits from one person to another. Assignment of a trademark means to transfer the owner’s right in a trademark to another person.


    Frequently Asked Questions

    Here are some frequently asked questions regarding Trademark Assignment...

    This Section merely enumerates the mandatory requirement of registration of an assignment deed in order to act as a proof of title to proprietorship of over the trademark in respect of the goods or services.

    Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

    Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks.

    Buying on assignment can provide many benefits. You'll be able to get into a brand-new building, possibly customize your suite and realize equity upon registration. You'll also benefit since your money is not tied up for years in a pre-construction condo purchase and get a short closing without having to wait.

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