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Trademark Assignment

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What are various categories of Trademark?

The transfer of ownership can be limited to specific number of products or can cover the whole entity. So the assignment which is partial is called as Licensing. Further it is distinguished on the basis of goodwill. The ownership which is transferred with goodwill is called as Complete Transfer and which is without goodwill is Limited Transfer.

Can agreement be executed without registration?

Yes, trademark agreement can be executed if trademark is unregistered. A trademark which is already registered can also be assigned but subject to its application with Registrar within a time span of 6 months.

What are various types of Trademark Assignments in India?

Basis on the various types of trademark assignments prevalent in India, agreement is drafted. So it is important to explain about this:

1. Complete assignment:

The owner has right to assign or transfer all its rights with respect to mark to third party or entity which also includes a right to transfer the trademark further to some other party in order to earn royalties. With this transfer the assignee enjoys whole rights as original owner had.

2. Partial Assignment:

The assignment or transfer of ownership is restricted to only some products or services as decided by the owner of the trademark and as written in the agreement executed between the parties. Partial assignment can be further distinguished into With-goodwill and Without-goodwill.

In case of With-goodwill assignment, the rights and values of trademark attached with product are also transferred.

But in case of Without-goodwill, the original owner of trademark can restrict new owner’s rights for right used by him already. It means both owners can use same trademark but for different products.

What are the services Lawyerinc offers for Trademark Assignment?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Trademark Assignment.
  • We have expertise in getting Trademark Assignment.
  • We will get in touch with you through renounced experts in this field.
  • Our Experts shall guide you through the procedure and supply you with a detailed checklist of the required documents.
  • We shall verify the documents you provide.
  • An application for Trademark Assignment will be made by us and duly submitted.
  • Free consultation for any enquiry that you may have about Trademark Assignment.
  • You will get your Trademark Assignment done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Trademark Assignment and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

What are various benefits of a Trademark Assignment?

Unlock Value

With trademark assignment, the value of brand can be unlocked rather than keeping it on piece of paper. It helps to make worth of the brand and helps to grow financially. Both new and older owner gets benefits. Where old owner under its brand can add for profit and variety of products and new owner under already well establishes set up can start its new venture.

Valid Proof

Assignment deed can lead to easy resolution of any dispute related too trademark. In case of any discrepancies between parties, this acts as valid proof.

Frequently Asked Questions

  • 1. What does symbols “TM” and “®” signifies?

    A “TM” symbol is a provisional symbol which can be used for unregistered trademarks. However, the “®” symbol is used for a registered trademarks after approval by concerned authority.

  • 2. Where can I file trademark application and reply to trademark objection?

    In India Trademark registration can be done from five located in Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. Jurisdiction to file an application can be decided on basis of principal place of business of applicant in case of Indian applicant.

  • 3. Where can a foreign resident file trademark objection reply or application?

    Foreign applicant can authorize any Indian agent or can hire an attorney by executing POA in order to make trademark objection application. Application can be filed where applicant’s agent or attorney resides or where there business is situated.

  • 4. Is the registration of trademark compulsory?

    No, Registration of a trademark is not mandatory but it is a prima facie evidence of the proprietorship of the trademark under registration as no suit infringement of unregistered trademarks can be instituted.

  • 5. Why to get Trademark Objection through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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