Trademark Assignment

Trademark assignment is a legal process in which the ownership of a trademark is transferred from one party to another. This can happen for various reasons, such as when a business is sold or merged with another company, or when a trademark is licensed to a third party for use.
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Mayank Wadhera

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Overview of Trademark Assignment

A trademark is a distinctive expression comprising of a word, slogan, photograph, logo, graphic, etc. which distinguishes the product or service from others. It is like an asset to the owner. So, it can be sold, assigned, licensed, etc. by the owner. If the owner decides to assign the trademark, it can be done easily by way of an assignment deed showing the intention of the assignor to transfer the trademark or shift ownership in favor of the assignee.

  • It can be assigned permanently or for a limited time or a limited number of products or services.
  • An assignment deed is necessary to effectuate the assignment of a trademark for avoiding any future legal issues.
  • Both registered & unregistered trademarks can be assigned. This assignment needs to be recorded with the registrar. This trademark assignment can be done through Legal Suvidha Providers.

Advantages of Trademark Assignment

Benefit to both Assignor & Assignee Trademark assignment benefits both assignors in terms of unlocking brand value which was till time only on papers & assignees in terms of entering the market with an already known brand.
Legal Value Through an assignment deed, legal rights can be established easily in case of future disputes.

Registration Process

Step 1: Drafting Deed: After getting the required information & documents, we will draft a deed & will send you for signatures in 6-7 working days.

Step 2: Filing Deed  With the  registrar: After getting deed notarized, we will then file form TM-P. The assignee has to apply registrar for examination & publication of the deed. The acknowledgment receipt will be generated at the end.

Step 3: Examination & Publication by the Registrar: After the satisfaction of registrar, the deed will be published in the trademarks journal & accordingly, allow or disallow the assignment in the Trademark Registry. The whole process will take around 10 months.

Required Documents

1. TM Certificate

2. Details of Party

3. NOC from the original owner

FAQ's Trademark Assignment :-

Firstly, the trademark assignment agreement is duly executed then an online trademark assignment procedure is to be followed. This application is filed with the Registry in the prescribed form along with the payment of a prescribed fee.
Stamp Duty should be paid. The rate of stamp duty shall be calculated based on the consideration agreed by the Parties. The effective date of the Assignment shall be expressly provided.
Yes, you can provide the rights of using the Trademark without the transfer of ownership.

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1. Application

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2. Payment

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3. Process

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4. Confirmation

A mail will be send on completion.

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