Easily transfer the ownership of your Trademark with E-StartupIndia. Whether you want to assign or transfer a Trademark fully or partially, you can get it done without any hassle through the assistance of our Trademark Experts. You are just a call away to get your task of Trademark Assignment Procedure in India done successfully.
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Trademark Assignment Procedure means the process of transferring the ownership of the Trademark Registration with or without the goodwill of the business.
As trademarks are also a kind of asset for the business, trademark assignment also means transferring of this asset. Businesses can liquidate the brand-value through Trademark Assignment process in India. Trademark assignment procedure in India is also defined as the transfer of ownership of a trademark or service mark by the owner to another party.
In a nutshell, an Assignment and Transmission of Trademark occurs when the rights to use a trademark are transferred from one party to another, either whole or in part, according to the terms and circumstances set out by the trademark owner.
Trademarks, both registered and unregistered, can be transferred from one owner to another, and the goodwill of the associated company need not be transferred along with the trademark. Through the use of an assignment agreement, a trademark can be transferred from one party to another.
The Trademark Assignment Agreement specifies which goods and services are included in the assignment. Therefore, Partial Assignment of Trademark means the assignor transfers only limited ownership for certain goods or services.
Complete Trademark Assignment procedure in India means the third party is granted complete ownership of the trademark, including all future transfer, royalty, licensing, and other rights.
Trademark assignment with Goodwill
When a trademark is assigned with the Goodwill, the assignor gives the new owner all the benefits and protections of using that mark. All of the goodwill and legal protections associated with the trademark are being transferred along with it. Assigning a trademark with Goodwill gives the new owner the legal right to use the trademark in connection with any goods or services previously sold under the trademark. In addition, the new owner has the right to use the trademark in connection with any future businesses they launch or products they produce.
Trademark assignment without Goodwill/ Gross assignment
Trademark Assignment Procedure in India without Goodwill is also known as Gross Assignment. Here, the trademark holder places limitations on the rights of the assignee, such as preventing the new assignee from using the trademark on the same items or services that bear the assignor's name. So, the buyer doesn't get any of the goodwill that comes with the brand for the product that is already being sold under that brand or Trademark.
#1. Trademark must be registered before Assignment.
#2. An assignor (owner of the trademark) must give intention and consent to the assignee (buyer) for the Trademark Assignment process .
#3. Trademarks can only be transferred for fair and reasonable compensation.
#4. All documents must be legally prepared and submitted for the application process.
Helps the business to get the Trademark’s Value
Trademark assignment in India allows the brand's owner(s) to reap the financial benefits of a trademark that were previously purely theoretical. More value is produced as a result of the collaboration, and the assignor retains the ability to place reasonable constraints on the assignment at any time.
Keeps Trademark Registry Updated
Keeping trademark registrations up-to-date is an important part of protecting intellectual property, and trademark assignment makes this process easier. Assigning a trademark can ease the burden of keeping track of registrations for the mark.
Promotes Business Expansion
The assignor's revenue grows as additional sellers sign on to help expand the brand through licensing. Assignor and Assignee will work together to increase the brand's value.
No two or more people in separate locations may utilise the same set of allocated trademarks at the same time. Furthermore, Creating several exclusive rights to the same products or services through a Trademark assignment procedure is not allowed.
#1. Identity proofs of both parties involved and of respective witnesses too( Passport, Driver’s License, Voters Id, Aadhaar Card Or Ration Card)
#2. Copy Of Assignment Agreement
#3. Form Tm-P
#4. Payment Of Fee
#5. Trademark certificate
#6. NOC that is signed by the current proprietor, or assignee.
#7. A formalised set of guidelines outlining the new owner's legal rights and responsibilities in regards to the Trademark (legally inheritable or not, assigned with or without goodwill etc.)
Fill out the contact form or call us at 8881-069-069. Our experts will assist you in understanding the document requirement and clear all your doubts regarding trademark assignment procedure in India.
Upload the required documents and Make the payment through safe, secure and your preferred payment gateways on our Website.
A dedicated team of professionals in Trademark Assignment Procedure will draft your documents, application and agreement.
The team will file your application and keep you updated with the status of application. After successful verification, the registrar will file the trademark assignment in the register and we will deliver the proof of the same to your email.
E-StartupIndia is a team of experts including CA, Lawyers, CS, business advisors. The team at E-StartupIndia’s aim is to facilitate business with the legal and beneficial services that they need during the lifecycle of the business. As a result, we render quality services whether it is applying for Trademark Assignment Procedure in India or several other services including GST Registration, Patent Registration, MSME Registration, Business Loan application etc. Our team members have more than decades of experience in the various industries. So, feel free to consult us at: 8881-069-069 or write to us at: [email protected]. We assure you the right advice, on-time & accurate delivery, professional assistance in document preparation and much more at nominal costs.
Trademarks can be sold, bought, and otherwise transferred just like any other asset. Transfers of this nature may occur by assignment, merger, or amalgamation. By filing an application for Trademark Assignment Procedure in India , even an unregistered trademark can be transferred, with or without goodwill.
As with any other legal document, the Deed of Trademark Assignment must be stamped with the appropriate Stamp Duty according to the rates established by the relevant State Government. Stamp duty will be assessed at a rate proportional to the value of the consideration between the Parties. In addition, the date that the Assignment takes effect must be made clear.
It might take up to six to eight months for the Trademark Registry in India to update its records following a transfer. On the other hand, if the Trademark Assignment Document (Assignment Deed) specifies the date on which the transfer became effective, the Transferee may begin using the trademark rights granted to them as of that day.
Yes, you can transfer the ownership through partial transfer of Trademark or Licensing of Trademark in India.
Yes, you can apply for trademark assignment procedure in India through online mode via E-StartupIndia portal. As long as you have an internet connection and a mobile or PC, you can hire us online and we will complete your task of Trademark Assignment online.
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