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ABOUT TRADEMARK ASSIGNMENT
Trademark is an intellectual property and like any other asset, the owner of a trademark has the right to sell, license or transfer the owned intellectual property. Such a transfer can be made through Trademark Assignment Agreement or through Licensing.
When a trademark is assigned, there is a change in the ownership of the registered brand. But when it’s licensed, the rights in the trademark continue to vest with the original owner but only a few restricted rights are given to the third party. This assignment can be made with or without transferring the business goodwill. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.
Trademarks can be transferred permanently or for a limited period of time. A proper agreement should be undersigned in such cases to avoid any further legal issues. You have authority to assign registered or unregistered trademark. You need to apply to the Registrar in such cases.
WHY TRADEMARK ASSIGNMENT
Get your trademark’s value Brand creation involves a lot of money, time and hard work. With the assignment of Trademark in India, the trademark owner(s) can encash the value of a brand which until now existed only on papers. The combined efforts create more value and the assignor can always put appropriate restrictions.
ASSIGNMENT AGREEMENT IS VALID PROOF
In case of any trademark-related dispute, the legal rights of the assignee would easily be established through the trademark assignment agreement. The Registry ensures that all the checks are in place by examining the validity of all the clauses mentioned in the agreement and publishing the assignment in the Trade Marks Journal.
PRE-ESTABLISHED BRAND NAME
If you are the assignee, then it will be very beneficial for you as you do not need to market your brand. The existing brand has its value in the market.
DOCUMENTS REQUIRED
- Trademark Certificate
- Details of the Party
- Noc
- Assignment Deed
STEPS/PROCESS
Step-1 Collection
- Discussion and collection of basic Information
- Provide required documents
- Finalize the terms and conditions
- Finalize the type of agreement
Step-2 Execution
- Drafting of Documents by Professionals
- Drafting of Trademark Assignment Agreement
Step-3 Submission
- Filing of online TM-P application
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