Process of Trademark Transfer<\/h2>\n\n\n\n
Every registered trademark is assignable and transmissible. It can take the following forms:<\/p>\n\n\n\n
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- The transmission or assignment of the trademark may be done with or without transferring the goodwill of the business. For example- Tata taking over the trademark of Jaguar’s business in India. It means that Tata will also take over the goodwill of the brand entirely.<\/li>\n\n\n\n
- The assignment may also be done for some or all of the goods or services for which the trademark has been assigned.<\/li>\n<\/ul>\n\n\n\n
To transfer the Trademark, you can follow the steps given below:<\/p>\n\n\n\n
![\"Process](\"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2021\/02\/Process-of-Trademark-Transfer.png\")
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- Application for trademark assignment<\/strong><\/li>\n<\/ul>\n\n\n\n
The application for trademark assignment can be made by the Assignor or by the Assignee or by both. Both can make requests jointly.<\/p>\n\n\n\n
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- Filing Form TM-P<\/strong><\/li>\n<\/ul>\n\n\n\n
The next step involves filing Form TM-P by furnishing all the required details of the transfer.<\/p>\n\n\n\n
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- Documents Submission<\/strong><\/li>\n<\/ul>\n\n\n\n
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.<\/p>\n\n\n\n
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- Application Processing<\/strong><\/li>\n<\/ul>\n\n\n\n
When the documents and application is successfully submitted, the application shall be processed.<\/p>\n\n\n\n
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- Advertisement of Assignment<\/strong><\/li>\n<\/ul>\n\n\n\n
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.<\/p>\n\n\n\n
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- Approval<\/strong><\/li>\n<\/ul>\n\n\n\n
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.<\/p>\n\n\n\n
Essential requirements of Trademark Transfer<\/h2>\n\n\n\n
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- As per the Trademarks Act<\/strong>, the assignment can be done only by an agreement in writing between the parties concerned. Therefore the assignor, as well as the assignee, should execute a legal document for transferring the trademark.<\/li>\n\n\n\n
- It is the legal title that is sought to be transferred in trademark. Therefore the details regarding the trademark like Brand name, application number, class number, etc should be specified in the agreement.<\/li>\n\n\n\n
- The operative part of the agreement should mention that the person transferring the trademark is the actual owner. The assignor should have all the rights, titles, and interests in the trademark. It should also establish that the assignor has the full right and lawful authority to transfer the ownership of the trademark.<\/li>\n\n\n\n
- This part of the agreement shall state the amount paid by the assignee to the assignor in exchange for the trademark assignment. It establishes that the rights, title, and interests in the trademark has an allowance. You can also mention if the transfer of trademark also include the transfer of goodwill.<\/li>\n<\/ul>\n\n\n\n
Restrictions on Trademark Transfer<\/h2>\n\n\n\n
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.<\/p>\n\n\n\n
In the case of registered trademarks, the Trademarks Act 1999<\/strong><\/span>1<\/sup><\/a><\/span> puts certain restrictions. It is on the assignment of a registered trademark<\/a><\/strong> where there exist possibilities of creating confusions or interference with another mark. <\/p>\n\n\n\n
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.<\/p>\n\n\n\n
What are the benefits of Trademark Transfer?<\/h2>\n\n\n\n
The benefits of transferring trademark are listed below:<\/p>\n\n\n\n
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- Expansion of Business<\/strong><\/li>\n<\/ul>\n\n\n\n
It helps in the expansion of business as assignor and assignee get the right to collaborate with the brand.<\/p>\n\n\n\n
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- Pre-established brand<\/strong><\/li>\n<\/ul>\n\n\n\n
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. <\/p>\n\n\n\n
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- Security for assignor and assignee<\/strong><\/li>\n<\/ul>\n\n\n\n
For a valid trademark assignment, an agreement has to be executed between parties that include both the assignor and the assignee. Such a legal agreement acts to be valid proof and is admissible as evidence in a court of law if any dispute arises among parties. Therefore it safeguards the rights of both the assignor and assignee. <\/p>\n\n\n\n
Conclusion<\/h2>\n\n\n\n
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 a Trademark, be it trademark registration, transfer, or anything else. <\/p>\n\n\n\n
- Security for assignor and assignee<\/strong><\/li>\n<\/ul>\n\n\n\n
- Pre-established brand<\/strong><\/li>\n<\/ul>\n\n\n\n
- As per the Trademarks Act<\/strong>, the assignment can be done only by an agreement in writing between the parties concerned. Therefore the assignor, as well as the assignee, should execute a legal document for transferring the trademark.<\/li>\n\n\n\n
- Approval<\/strong><\/li>\n<\/ul>\n\n\n\n
- Advertisement of Assignment<\/strong><\/li>\n<\/ul>\n\n\n\n
- Application Processing<\/strong><\/li>\n<\/ul>\n\n\n\n
- Documents Submission<\/strong><\/li>\n<\/ul>\n\n\n\n
- Filing Form TM-P<\/strong><\/li>\n<\/ul>\n\n\n\n
- Application for trademark assignment<\/strong><\/li>\n<\/ul>\n\n\n\n