Trademark Assignment

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Sections 37 to 45 of the Trade Marks Act, 1999 provide the provisions related to assignment and transmission of trademarks.

Types of Trademark Assignment

1. Complete assignment

In complete assignment all the rights in the trademark are transferred from one person to the other including right to royalties and rights to further transfer the trademark.

2. Partial Assignment

In this type of assignment only partial transfer takes place and ownership is restricted to certain products or services.

3. Assignment with Goodwill

When a trademark is assigned with the value, rights and entitlements associated with a trademark with respect to the goods or services already in use by the trademark owner it is known as assignment with goodwill.

4. Assignment without Goodwill

When a trademark is assigned with the right and entitlements in a trademark with respect to the goods or services which are not in use by the trademark owner, it is known as assignment without goodwill.

Process of Trademark Assignment

1.Drafting of assignment application

An application has to be drafted for trademark assignment, the said application can be filed by the assignor or the assignee as per Rule 75 of the Trademark Rules, 2017.

2. Filing of application

The drafted application has to be filed with the Registrar of trademarks within a period of six months of acquisition of proprietorship.

3.Specification of Advertisement

The Registrar of trademarks specifies the advertisement of the trademark assignment.

4.Advertisment of the Assignment

A copy of the direction of the registrar and advertisement of the assignment has to be submitted before the Registrar of trademarks to ensure that the directions have been followed as per the Trademarks Act, 1999.

5. Transfer of the Trademark

After the advertisement of the Assignment and examination of all the relevant documents, the Registrar officially transfers the trademark in favour of the new owner.

6. Entry in the Register

After examination of the application the Registrar, enters the said assignment in the register.

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Includes drafting and filing of assignment application with the Controller General of Patents, Designs and Trademarks.

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