Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Trademark Assignment

Trademark Assignment

  • Overview
  • Why Taxcomate
  • Process
A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to gives the authorized company the right to legal action – making a trademark of a company the most important feature of its existence. As a trademark is owned, it can also be sold, transferred, etc., depending on the intention of the owner. The owner can transfer the trademark and its rights to anyone he wishes following legal procedures by way of assignment or licensing. The process of change in ownership of the registered trademark is known as the trademark assignment. Whereas, in trademark licensing, there is no change in the owner but a few restricted rights to use the trademark are given to a third party. A trademark may be assigned to another owner in the following ways:
  1. Complete Assignment – When the trademark and its rights such as rights to further transfer, royalties, etc., are legally transferred to another entity, it is known as complete assignment of the trademark.
  2. Partial Assignment – The transfer of ownership is restricted to certain products or services only and the owner of the trademark has the right to further transfer the trademark and earn its royalties. For example, company X dealing in brands A, B, and C, transfers the right of brand A to another company Y and retains the right to transfer the brand B and C – it is known as partial assignment.
  3. Assignment with goodwill – When the owner transfers the rights and royalties of the trademark associated with while selling the product or service it owns, is known as an assignment with goodwill.
  4. The assignment without goodwill – When the owner of the trademark restricts the new owner to use the trademark for the products he uses it for, implies that the goodwill associated with the product or service sold by the owner is not transferred to the new owner. Thus, the trademark, in this case, can be used by both seller and buyer but in different products and services.
In any case, the assignment or transfer of the trademark must be recorded with the Registrar of Trademarks. There are two ways to record a trademark assignment:
  1. Assignment of unregistered trademark: Form TM-16 must be filled and requested for an unregistered trademark to be assigned or transferred.
  2. Assignment of a registered trademark: Form TM -23 or Form TM-24 must be filled and requested for any transfer or assignments of registered trademarks.
Advantages of a Trademark Assignment
  1. Marketing of the brand – As the trademark will already be known in the market, the marketing strategy can be rested or put least effort on.
  2. No burden of proof – The transfer of trademark will be recorded in the registry and hence already be a proof of your ownership to the trademark.
  3. Value and goodwill of trademark – If a trademark has a high value and goodwill in the market, it is a good choice to buy such a trademark to retain its privileges with the new buyer.
  4. Time saving – The time spent on a new trademark registration is much higher than the time spent on trademark assignment.

Frequently Asked Questions (FAQs)

A registered trademark is valid up to ten years, after which it may be extended by way of renewal process.

It is very important to mention in the assignment deed whether the assignment is along the goodwill or not.

It takes about six to ten months from filing an application for trademark assignment to getting the certificate of approval from the Registrar of Trademarks.

1.Required Documents for Trademark Renewal

  1. Assignment Deed
  2. Affidavit of the Assignor
  3. ID Proof of the Assignor

Lets see the process

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Trademark Assignment

₹4,599.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end. 

Protect your BRAND

TRADEMARK COPYRIGHT PATENT DESIGN

Protection provided for

Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.

Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.

Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.

Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.

Requirements for registration

The mark shall be unique.

The work must be original, creative and should be capable of fixing in the tangible form.

An invention must be new, useful and non-obvious

The design must be original and should be applied to the article by any industrial process.

Duration of Protection

For 10 years

Author’s life plus 70 more years.
For 20 years.

For 10 years.

Rights granted

Rights to use the mark and prevent any third person from using the deceptively similar mark.

Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.

Right to prevent others from making, selling using or importing the patented invention.

Provides the creator, exclusive rights over use of the design.

Who can obtain?

Business owners or the product owners.

Authors, artists, choreographers, architects, and other creative professionals.

Inventors and designers.

Designers or the owners of the product.