Trademark Assignment

Overview:

Assignment of trademark is the process where the ownership of the mark is transferred from one party (the registered or unregistered proprietor of the mark) to another party. To put it in simple terms, when assignment of trademark takes place, there is a change in the ownership of the registered brand. In case of registered trademarks, the same has to be recorded with the registry, where change of ownership has to be recorded.

Statutory Provision:

Section 37 of the Trademark Act, 1999 gives a brief outline of the trademark assignment in India. As per the provision, the registered proprietor of the trademark can assign the trademark, with or without the goodwill of the business in which the mark is used, to any person entitled by the law. Such assignment can be made in respect of goods and services, in part or full, in which the trademark is registered,

Interestingly, the Act also provides for the assignment of the unregistered trademarks, with or without the goodwill of the business.

Types of Trademark Assignment in India

  • Complete Assignment
  • Partial Assignment
  • Assignment with Goodwill
  • Assignment Without Goodwill

Documents required:

The following documents are required for the Assignment of Registered Trademark:

  • TM-P Form along with the registered Power of Attorney
  • Proof of Title as per Rule 77 of the Trademark Rules,2017
  • Stamp Duty @ 5 %payable of the instrument

Process of trademark assignment in India:

  • Where a person desires to transfer or assign the trademark rights in favor of another person, then he shall apply the same in the prescribed manner to the trademark registry under the concerned form for registration of the title of ownership in his/her name.

  • Upon receiving the application, the registrar will scrutinize the document, check for the proof of title, and make the ownership changes in the register. The Register will register him/her as a new owner or proprietor of the trademark in respect of goods and services of the business concerned.

  • The details of the assignment and all the particulars associated with the Assignment will be entered in the register of trademarks

Forms and Fees:

The Fee to register a trademark assignment/ subsequent proprietor for trademark through e-filing facility is Rs. 9000 and Rs.10000 in case of manual filing.

Note: this is the official government fee and does not include professional fees and other ancillary charges.

Duration

An application for assignment of trademark is disposed of within 3-6 months from the date of filing of trademark assignment form.

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