Trademark Assignment

Trademark Assignment

Trademark assignment allows the transfer of ownership rights from one party to another. Get expert assistance from trained professionals at TaxMyles for complete support in trademark assignment.

  • Ensuring legal compliance with trademark assignment regulations
  • Drafting clear and effective trademark assignment agreements
  • Facilitating the lawful transfer of trademarks, with or without goodwill
  • Guidance on consideration and payment terms
  • Compliance with applicable laws and support for dispute resolution

Overview of Trademark Assignment

Trademark assignment is the official process through which a trademark owner transfers their rights to another person or entity. This is done through a written agreement that allows the current owner to pass on ownership of a registered word, phrase, symbol, or design.

The assignment or transmission of a trademark can involve full or partial rights, based on the owner’s decision. It applies to both registered and unregistered trademarks, with or without the associated goodwill. This transfer is formalized through a Trademark Assignment Agreement.

Procedure for Trademark Assignment

To legally transfer trademark rights, a structured process must be followed. The key s include:

1: Application
An application for trademark assignment must be filed by the assignor, assignee, or jointly by both parties.

2: Submission of Forms and Documents
All required documents, including certified copies of the assignment agreement, must be submitted using Form TM-P.

3: Filing with the Registrar
The application must be filed with the Registrar of Trademarks within three months of the transfer. The Registrar may:

  • Notify the applicant of receipt
  • Request additional information or corrections if needed

4: Registrar’s Direction (if goodwill is involved)
For assignments involving goodwill, the Registrar’s approval is required within three months (extendable if necessary).

5: Advertisement
The applicant must advertise the assignment as instructed by the Registrar and submit a copy of the published advertisement along with the Registrar’s directions.

6: Transfer of Ownership
Once the Registrar is satisfied with the documentation, the trademark ownership is officially transferred to the assignee, and the records are updated accordingly. The assignee may then use the trademark as per the agreement.

Documents Required for Trademark Assignment

  1. Certificate of Trademark Registration: Proof of trademark registration.
  2. Particulars of the Parties: Identity and address proof of both assignor and assignee.
  3. No Objection Certificate (NOC): From the original owner, confirming no objections to the assignment.
  4. Description of Trademark Assignment: Details on whether the assignment includes goodwill.
  5. Copy of Advertisement and Registrar’s Direction: If applicable, including any directions from the Registrar.
  6. Signatories and Witness: Signatures of the parties and a witness.
  7. Notarisation: Notarised copies of documents for legal validity.
  8. Proof of Execution Date and Place: Evidence of when and where the assignment took place.
  9. Power of Attorney: If applicable, authorizing someone to act on behalf of the parties.

Why Choose TaxMyles for Trademark Assignment?

TaxMyles specializes in providing comprehensive trademark assignment services. We guide you through every stage, from the initial consultation to ensuring compliance with all legal requirements after the transfer is complete.

Trademark assignment offers flexibility in transferring trademark rights and goodwill based on the specific terms of the agreement between the parties. The type of assignment chosen depends on the parties’ goals, the nature of the products or services, and the extent of rights and goodwill to be transferred.