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Trademark gives the owner of the trademark the right to use the mark. It confers many rights upon the owner, which also includes the right to transfer the trademark. Trademark transfer refers to the right to transfer the title of the trademark from the original owner to the assignee. Assignee is the person who receives such a right. In this article, we shall look at the legal framework governing the trademark assignment process in India.
There are four ways of transferring your trademark:
Every registered trademark is assignable and transmissible. It can take the following forms:
To transfer the Trademark, you can follow the steps given below:
The application for trademark assignment can be made by the Assignor or by the Assignee or by both. Both can make requests jointly.
The next step involves filing Form TM-P by furnishing all the required details of the transfer.
Once the Form TM-P is filed, you are required to submit all the necessary documents required for trademark assignment to the Trademark registrar within 6 months from the date of acquisition of proprietorship.
When the documents and application is successfully submitted, the application shall be processed.
When your application is specified, the applicant is required to make an advertisement for the assignment in such a manner as directed by the registrar. Submit the copy of the direction of the registrar and advertisement of the assignment in the Registrar’s office.
The registrar will verify the application on receiving the trademark transfer application along with the documents. Once the verification is completed and if the registrar is satisfied, then he shall approve the application. However, the registrar will register the assignee as the proprietor of the trademark. The registrar shall enter the assignment details in the register.
As you would know that the process of trademark assignment is procedural therefore, the registrar may refuse to register a trademark assignment in some instances.
In case of registered trademarks, the Trademarks Act 1999 puts certain restrictions. It is on the assignment of a registered trademark where there exist possibilities of creating confusions or interference with another mark.
The restrictions on the assignment cause the creation of an exclusive right in more than one person for the same goods or services. Therefore the registrar might not allow an assignment which can provide rights over a trademark. This is for multiple parties for the same description of goods or services or those that are associated with each other.
The benefits of transferring trademark are listed below:
It helps in the expansion of business as assignor and assignee get the right to collaborate with the brand.
If you have got the right on an already established popular brand through trademark assignment, you don’t have to invest in money and time in creating and marketing of your brand. Assignee doesn’t have to create a new brand and get it registered.
For a valid trademark assignment, an agreement has to be executed between parties that includes both the assignor and the assignee. Such a legal agreement acts to be a valid proof and is admissible as evidence in the court of law if any dispute arises among parties. Therefore it safeguards the rights of both assignor and assignee.
For expanding your business, trademark transfer can be initiated, but you must also execute a legal agreement for such transfer. Not having an agreement can have adverse consequences. Therefore it is advised to get the agreement ready. You may take the assistance of a professional while dealing with Trademark, be it trademark registration, transfer, or anything else.