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What is Trademark Assignment?
The assignment of a trademark occurs when assignor transfer the intellectual property rights to another person with or without goodwill. Assignee, the person who becomes entitled by the assignment of a registered trademark, should apply for the trademark assignment.
A trademark whether registered or not usually assigned through the authenticate trademark assignment procedure. Despite the fact, that trademark assignment can be validated by oral evidence, but a written assignment is always advisable. The required documents for assignment of the trademark are:
- Trademark assignment agreement
- Identified document of assignor and assignee
- Power of attorney
How to File an Application for transfer of Trademark ownership?
You can transfer the ownership by lodging the form with the registrar with the supporting evidence in the prescribed manner:
- Trademark Assignment Application: An application for trademark assignment shall be made by the assignor or assignee, or both can make a joint request to register assignee as a subsequent proprietor.
- Filing of TM- P: File the application in form TM-P with the registrar of a trademark within six months from the date of acquisition of the proprietorship. You can file the application later, but the requisite fee may vary accordingly.
- Processing: In case of assignment without goodwill or assignment of a certified trademark, the direction from the registrar of trademarks is required before the expiry of six months from the date on which assignment is made or within the extended period which is allowed by the registrar.
- Advertise Assignment: Advertise the assignment in such form and manner and within such period as the registrar may direct. A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office just to make sure that the directions have been followed accordingly or not.
- Approval: On the receipt of the trademark assignment application and required documents, the registrar after getting satisfied shall register the assignee as the proprietor of the trademark and the particulars of the assignment to be entered in the register.
Minimum requirements for Trademark Assignment
- The right of the registered owner to assign a trademark is recognized only when the assignment is done for any consideration.
- Assignment without goodwill or assignment of certification trademark will only take effect when assignor obtains the consent of the registrar of trademarks.
- In case of associated trademarks, they will have to be assigned together.
- The valid assignment must perceptibly identify the assignor and assignee.
- When assignment involves the transmission of money outside India, then the permission of the concerned authority will have to be produced.
How “DP Accounting & Taxation Services” will Help you for Trademark Assignment?
DP Accounting & Taxation Services will do satisfying trademark assignment. We are providing trademark assignment services in Ahmedabad, Gujarat, India.
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