Trademark Assignment in India
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Trademark Assignment in India
Trademark is an intellectual property that is intangible in nature. Just like any other property, Trademark is also transferable from one person to another. This transfer of Trademark rights is termed as Trademark assignment. This provides the Trademark assignor the benefit of earning profit from such an assignment.
Trademark assignment is a legal process and is recognised under the Trade Marks Act, 1999. However, there are also some restrictions on the assignment of Trademarks. To know more about the assignment of Trademarks, including its process and types, keep reading the article till the end.
What is Trademark Assignment in India?
Trademark assignment is the transfer of ownership rights of a trademark from one person to another. Both registered and unregistered trademarks can be assigned. The person transferring the Trademark is called Assignor and the person to whom the transfer is made Assignee. After the assignment of Trademark, the assignee becomes the lawful owner of the Trademark. Trademark assignment is defined under Section 2(1)(b) of the Trade Marks Act, 1999.
Types of Trademark Assignment in India
Trademarks can be assigned in various different ways, such as:
Complete Assignment:
Partial Assignment:
Assignment with Goodwill:
Assignment without Goodwill
Process of Trademark Assignment in India
Drafting and Execution of Agreement:
The Trademark assignment takes place through mutual agreement between the assignor and assignee. Hence, the first step is to draft and execute the agreement between both parties containing the terms of use, rights, etc.
Filing with the Registrar:
After execution of the agreement, the parties are required to file details of such assignment with the Registrar of Trademarks in Form TM-P within 6 months of such agreement. The agreement can also be filed after 6 months but not exceeding 12 months from the date of the agreement, by payment of the prescribed fee.
Examination and Advertisement:
The Registrar will examine the validity of the agreement, whether it complies with the law or not. In case the Registrar is of the opinion that the assignment may cause confusion to the public, it will order advertisement of such assignment to the parties in the Trademark journal.
Issuance of Confirmation:
If the Trademark is satisfied, it will update the name of the assignee as the new proprietor in the Register of Trademarks and will issue official confirmation to the parties.
Documents Required for Trademark Assignment in India
The following documents are required to be filed with the Registrar of Trademarks for Trademark Assignment:
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Trademark Assignment Deed.
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Original Trademark Registration Certificate.
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Identity and Address proof of both the parties.
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Power of Attorney, if filed through Trademark attorney or agent.
Fee for Trademark Assignment in India
Fees for Trademark Assignement in India are as follows:
| Particulars | Online Filing | Physical/Offline Filing |
|---|---|---|
| Form TM-P (Assignment of Registered Trademark) | Rs. 9,000/- per class | Rs. 10,000/- per class |
| Form TM-M (Assignment of Pending Trademark) | Rs. 900/- per class | Rs. 1,000/- per class |
Patron Accounting: Trademark Assignment Partner
Trademark assignment offers numerous benefits but professional assistance is required in the process of Trademark Assignement to enjoy these benefits. Patron Accounting can help you by:
- Preparing Trademark Assignement agreement that comply with the provisions of the Act.
- Ensuring the Agreement contains all the required clauses and information.
- Making the process fast and hassle-free.
- Reducing risks of future disputes.
Conclusion
Trademark assignment in India is a legal process through which the assignor transfers the ownership rights with respect to the Trademark to the assignee. Trademark assignment protects the interest of the assignor and assignee. There are various types of assignment, including partial assignment and assignment without goodwill.
Trademark assignment can be done by executing the agreement between both the parties and filing Form TM-P with the Registrar of Trademarks for change of ownership of Trademark in the Register of Trademarks. Trademark assignment requires expert guidance, and the Patron Accounting team can help you in various ways in this process.
Frequently Asked Questions
Have a look at the answers to the most asked questions.
