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Trademark Assignment
Trademark assignment is a legal process in which the ownership of a trademark is transferred from one party to another. This can happen for various reasons, such as when a business is sold or merged with another company, or when a trademark is licensed to a third party for use.
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Overview of Trademark Assignment
A trademark is a distinctive expression comprising of a word, slogan, photograph, logo, graphic, etc. which distinguishes the product or service from others. It is like an asset to the owner. So, it can be sold, assigned, licensed, etc. by the owner. If the owner decides to assign the trademark, it can be done easily by way of an assignment deed showing the intention of the assignor to transfer the trademark or shift ownership in favor of the assignee.
- It can be assigned permanently or for a limited time or a limited number of products or services.
- An assignment deed is necessary to effectuate the assignment of a trademark for avoiding any future legal issues.
- Both registered & unregistered trademarks can be assigned. This assignment needs to be recorded with the registrar. This trademark assignment can be done through Legal Suvidha Providers.
Advantages of Trademark Assignment
| Benefit to both Assignor & Assignee | Trademark assignment benefits both assignors in terms of unlocking brand value which was till time only on papers & assignees in terms of entering the market with an already known brand. |
| Legal Value | Through an assignment deed, legal rights can be established easily in case of future disputes. |
Registration Process of Trademark Assignment
Step 1:Â Drafting Deed: After getting the required information & documents, we will draft a deed & will send you for signatures in 6-7 working days.
Step 2: Filing Deed With the registrar: After getting deed notarized, we will then file form TM-P. The assignee has to apply registrar for examination & publication of the deed. The acknowledgment receipt will be generated at the end.
Step 3:Â Examination & Publication by the Registrar: After the satisfaction of registrar, the deed will be published in the trademarks journal & accordingly, allow or disallow the assignment in the Trademark Registry. The whole process will take around 10 months.
Documents Required of Trademark Assignment
1. TM Certificate
2. Details of Party
3. NOC from the original owner
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FAQ's on Trademark Assignment
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