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Trademark

Assignment

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Can I transfer my trademark to another person?

[/vc_column_text][vc_separator color=”custom” el_width=”10″ accent_color=”#f95132″][vc_column_text]Trademark assignment service includes the transfer of a trademark from one authorized person to another. If a person wants to transfer his ownership in a trademark to another person it can be very easily done by Trademark Assignment. It depends on the person who holds the trademark ownership whether he wants to transfer the ownership permanently or for a limited period. If a person wishes to transfer the trademark for a specific time period, then it is advised to undersign a proper legal agreement to avoid any legal risks that might arise afterwards.

When the ownership of a trademark is transferred from one party to another, whether with or without the business’s goodwill, it is known as a trademark assignment. In the case of a registered trademark, such an assignment must be recorded in the Trademark Register.

A trademark assignment is a written document that assists in the transfer of a well-known word, phrase, symbol, or design from one owner to another. The assignor is the trademark’s original owner, while the assignee is the trademark’s future owner.

When the owner’s right, title, and interest in the trademark is transferred, the trademark is called an assignment. In other words, it is the transfer of ownership of a business, with or without its goodwill. If the trademark is registered, the assignment must be recorded in the Trademark Register. A trademark assignment agreement can be used to transfer a trademark.

Certain Restrictions…

There is a restriction on trademark assignment, which results in the creation of exclusive rights for multiple people in relation to the same or comparable goods or services.

The Act also prohibits trademark assignment, which results in many people utilising the same trademark in various parts of the country at the same time.

Procedure for trademark assignment

The initial stage is to file an application for trademark assignment, either by the assignee, assignor, or both. The application should include all of the facts of the transfer and be submitted using Form TM-P, as per Rule 75 of the Trademark Rules 2017.

Once the application is completed, submit it to the trademark registrar. It must be completed within three months of the acquisition of the proprietorship.

Before a trademark assignment with goodwill or a registered trademark expires, the Registrar of a trademark must issue a directive from the Registrar of a trademark (can be extended)

The Registrar will define how the trademark assignment will be advertised. Following that, the applicant must create an advertising in accordance with the guidelines. A copy of the advertisement, as well as a copy of the Registrar’s directive, must be submitted.

When the Registrar is pleased with all of the paperwork, the trademark will be officially transferred from the original owner to the new owner.

The Assignee’s name, i.e., the new owner’s name, must be entered in the register as a new proprietor. Following that, the assignee is free to use the trademark in accordance with the conditions of the agreement.[/vc_column_text][vc_btn title=”Request Proposal” style=”outline-custom” outline_custom_color=”#f95132″ outline_custom_hover_background=”#f95132″ outline_custom_hover_text=”#ffffff” size=”lg” align=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space height=”50px”][/vc_column][/vc_row]