Trademark Assignment

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    Trademark assignment allows the trademark owner (assignor) to transfer ownership rights to another entity (assignee). It ensures that the assignee has legal rights to use and protect the trademark.

    • Complete Assignment: Full transfer of ownership and associated rights.
    • Partial Assignment: Transfer of ownership restricted to certain goods or services.
    • Assignment with Goodwill: Includes rights to use the trademark along with the brand’s reputation.
    • Assignment Without Goodwill: Restricts the assignee from using the assignor’s goodwill.
    • Ensures legal protection and enforcement rights for the assignee.
    • Facilitates business expansion or collaboration.
    • Prevents disputes over ownership or usage rights.
    • Section 37 to Section 45 of the Trademark Act, 1999 governs the assignment of trademarks.
    • Assignments must be recorded with the Trademark Registry for validity.
    • The Registrar has the authority to approve or reject assignments based on compliance.
    • Ensure the trademark is free of legal disputes or claims.
    • Draft a comprehensive assignment agreement.
    • Obtain consent from co-owners (if applicable).
    • Verify compliance with statutory timelines and filing requirements.
    • Step 1: Draft the assignment agreement, detailing the terms of transfer.
    • Step 2: Submit Form TM-P to the Trademark Registry with supporting documents.
    • Step 3: Pay the applicable fees for assignment registration.
    • Step 4: Respond to any queries or objections raised by the Registrar.
    • Step 5: Obtain the updated Certificate of Registration reflecting the new ownership.
    • Disputes over the scope or validity of the assignment agreement.
    • Delays due to incomplete documentation or procedural non-compliance.
    • Rejections by the Registrar for non-adherence to statutory provisions.
    • Assignment agreement signed by both parties.
    • Copy of the original trademark registration certificate.
    • Proof of identity and address for the assignor and assignee.
    • Power of Attorney (if filed by an agent).
    • Submit Form TM-P to the Trademark Registry along with the assignment agreement.
    • Respond to any objections or requests for additional documents.
    • The assignment process is typically completed within 3-6 months.
    • Government Filing Fees: Rs. 9,000 per application.
    • Professional Fees: For drafting agreements and handling objections.
    • Estimated Total Cost: Rs. 12,000 to Rs. 25,000, depending on professional assistance.

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