Trademark Assignment

Trademark Assignment in India

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Intro

₹ 12,999/-

All-inclusive Price for Trademark Assignment

  • Power of Attorney (TM-48)
  • Expert Consultation
  • Call, Chat(WA),& Email Support
  • Drafting & Filing of Assignment Application with Registry Online
  • Frequent Updates through your account
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As per the following timeline, your selected plan will be processed

Day 1-3

We collect necessary information & documents for Trademark Assignment.

Day 4-6

We draft everything needed in the preparation of the application.

Day 7-8

We proceed to submit the application online and share the acknowledgment with you.

Finally

The assignee can use your mark as per the terms of the agreement dated. (Govt. Processing Time) We will keep you updated on the status. Trademark registry may take 6 months to update their records.

Trademark Assignment: An Overview

Trademark Assignment and Transmission is a process in which full or partial rights are transferred to another party based on the terms and conditions of the trademark owner. Trademarks can either be registered or unregistered. And they can be assigned or transferred with or without the goodwill of the business concerned. A trademark assignment allows the owner to monetize their intellect, efforts, time, and money. Likewise, it is important to register the assignment since the assignee’s name is updated in the trademark register. The updated Registry will serve as a public notice.

What is the need for a Trademark Assignment?

Business expansion

In assignment and transfer, an owner can use his Trademark in more than one place at a time and expand his business. It is also possible for the owner to assign a trademark to more than one person by giving partial authority.

Encash the Brand Value

Owners of trademarks can encash the value of the brand through an assignment.

Benefits of an established brand

By using a trademark, an assignee can create their market. And By not spending money on marketing to establish a brand, the assignee also saves money and resources.

Assignment Agreement is Valid Proof

The assignee's legal rights could easily be determined via the trademark assignment agreement in a dispute over a trademark. By inspecting all the clauses in the agreement and publishing it in the Trademarks Journal, the Registry ensures complete registration.

What are the Types of Trademark Assignment?

Complete Assignment and Transmission

It transfers all rights, including the right to make further transfers, royalties, etc., from one person to another.

Partial Assignment

The transfer of ownership pertains only to specific services or products.

Assignment with goodwill

It refers to transferring all rights and values associated with a trademark from one party to another.

Assignment without goodwill

It is the transfer of a trademark by its original owner to be used for purposes other than the original.

List of Documents Required for Trademark Assignment

  • Trademark Registration Certificate(if applicable)
  • Details of the Assignor and Assignee
  • No Objection Certificate(NOC) issued by the original trademark owner
  • Trademark Agreement or Terms agreed Upon (if available)
  • Details of the Assignment (if applicable)
  • Power of Attorney to file the Assignment application

Here Are Some Frequently Asked Questions

Who can assign a trademark?
The trademark owner entered in the register of trademarks has the right to assign it and give the effectual receipt of any consideration for its assignment.
The ownership of trademarks, like all assets, can be transferred. Often, such transfers are made in the form of the assignment of ownership or through the merging or amalgamating of two entities. It is possible to assign an unregistered trademark, with or without goodwill, by applying with the Registry.
The assignment must be in writing;
It is possible to assign both registered and unregistered trademarks;
Assignments can be made with or without the goodwill of the company;
The assignment of rights and title asserts the rights and title of the assignee, not the registration of that title;
A trademark assignment registration is only prima facie evidence of ownership;
The trademark registry prescribes a government fee of Rs. 9000/- as applicable
To update the data of a trademark transfer in India, the Trademark Registry typically requires six to eight months. However, where the effective date of transfer is explicitly stated in the Trademark Assignment Document, i.e., Assignment Deed, the transferee inherits the rights upon the effective date.