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Assignment Licencing of Trademarks

Assignment of Trademarks:

Assignment of a trademark occurs when the ownership of Registered/Unregistered Trademark is transferred from one party to another party whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.

Can a Trademark be sold in India?

Yes, it can be sold in India.

Assignment of Trademark Procedure

Drafting of a Trademark Assignment Agreement is the most important step in the procedure of assigning the trademark in order to avoid future litigation. The given below are some of the major elements which be obliged while drafting the trademark assignment agreement:

  • The effective date of transfer
  • Stamp duty is charged under state laws
  • Consideration of the trademark assignment
  • Public notary
  • Signature of both the parties.
  • An assignment deed must be filed with the ipindiagov.in

Documents Required to Transfer Trademark

  • Trademark Assignment agreement
  • Affidavits from both the parties
  • Power of attorney
  • Other relevant documents like Invoices etc
  • Board Resolution in case of Incorporated Company

How much does it Assignment Cost of a brand or Trademark?

Govt fees is Rs 9000 per application and Processing fees as applicable

Stamp duty on assignment of Intellectual property or Trademark in India

3% -5% according to state laws the stamp duty changes

Is registration of assignment deed compulsory in Trademark Registry?

Yes, It’s always safe to register the Assignment deed at ipindia.nic.in in order to act as a proof of title to proprietorship of over the trademark in respect of the goods or services

Why do you need an Attorney/Advocate to draft an Assignment Trademark deed?

A Trademark attorney assists a trademark holder or a potential trademark holder in every way possible by guidance and legal support. He also makes sure that the trademark assignment he is registering for gets completed to the satisfactory of the Clients

How do I get a Trademark Assignment done?

For more information Just call us on the number displayed on the webpage/ write us at [email protected] / send us a whats app message and we shall help you with the process.

How are we different from others?

We are not any call centre agents who are offering pathetic services at markets by outsourcing the work to others with whom one may not get a Chance to interact with!.

We are Intellectual Property Law Firm, with specialization in Trademark Registration. who take pride in the services delivered by us and guarantee your satisfaction with our services and support.

FAQ

How do you sell/ Buy a trademark?

Once you have trademarked your company's name, you can sell or transfer your trademark at any time. You will have to find a buyer and arrange a price yourself. Once you have a buyer, selling your trademark requires you to file paperwork with the U.S. Patent and Trademark Office Creating a brand new trademark is complicated, whereas you can buy an existing right or brand. This will avoid you risks linked to earlier rights, and make the process quicker and more efficient.

Is a trademark worth money?

Because trademarks represent consumer recognition and goodwill, they can be extraordinarily valuable assets, both in absolute terms and as a portion of a company's overall value

How to sell a registered trademark or brand?

Through Assignment Deed

How to Transfer The Ownership of Trademark? Who can transfer?

A Trademark is an intellectual property, the same as a any other property like Plot, Land or Flat. Just like an owner of land has the right to sell or transfer his/her property, in the same way, the owner of a trademark also has the right to do the same to his/her trademark.

Assignment means transferring rights, interests, titles and benefits from one person to another. Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee. An assignment deed must be filed with the relevant IP office in India

Benefits of Trademark Assignment transmission

  • Monetary value
  • Transfer to third party
  • Transfer to own kith and kins
  • Assignment and transmission of trademark help the assignee to use the already established trademark in the market to create their base. It also helps the assignee to save money and resources by not spending on marketing to create a brand.
  • Legal Proof
  • Expansion of Business
  • Right to sue for Infringements
  • Right of Priority
  • Trademark assignment can also be done for some or all of the goods or services for which the trademark has been assigned. For example, a cement company having multiple other businesses like construction, quarrying and interior designing, may assign the trademark of its construction business only.

What is the difference between assignment of trademark and licensing of trademark?

In case of an assignment of a trademark, there is a transfer in the ownership of the trademark registration and in case of licensing, the proprietary rights of the trade mark continue to vest with the original owner but only few restricted rights to use the brand/trademark are given to the third party

Unregistered trademark be assigned?

Yes, an unregistered trademark can be transferred with or without the goodwill. Assignment deals with the transferring of the rights vested with the trademark of the proprietor, who was using the unregistered trademark over the period of a few years, to a third party.

The major difference between a registered and unregistered trademark is that the latter is not registered under the Trademarks Act, 1999.

Can a trademark be transferred from one person to another?

Yes, Trademarks like any other asset can be transferred from one proprietor to another.

Advantages of Trademark

  • TM allow customers to identify a business as the source of a product or service.
  • Trademarks are the basis to create a company's brand and reputation
  • Trademarks allow consumers to base their purchasing decisions
  • Trademarks help prevent consumer confusion: they indicate the source of the products and a consistent level of quality.

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Ip Juris Legem

Delhi NCR : Intellectual Property Law Firm
Sector 44, Noida -201301 (U.P)
Delhi NCR

Bangalore : No 35, Good Earth PalmGrove
Dodda aladamara Road
Gerupalya, Bangalore 560074

Chennai : 235, KH Road, Ayanavaram, Chennai

Call us : +91-8029620143, +91-9560067306, +91-9108840766
Email : [email protected]

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