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Trademark Assignment in Chandigarh

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Expected To Be Complete* : 13 Apr 2023

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LIST OF DOCUMENTS REQUIRED FOR TRADEMARK ASSIGNMENT: IN CHANDIGARH

  • KYC of assignor and assignee

  • No objection certificate from the original owner of the registered trademark

  • TM Certificate

DELIVERABLE UNDER TRADEMARK ASSIGNMENT: IN CHANDIGARH

  • Application of trademark renewal

PROCESS OF TRADEMARK ASSIGNMENT: IN CHANDIGARH

Step-1 Collection of documents and details regarding trademark assignment

Step-2 Drafting of assignment agreement by the expert

Step-3 Online filing of trademark assignment application

SERVICE DELIVERY TIME: IN CHANDIGARH

  • One week of  post submission of documents

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Trademark Assignment in Chandigarh Registration

Just like the transfer of shares or tangible assets of the company, the company’s trademark can also be transferred completely or partially to another person.

Meaning of assignment of the trademark

Assignment of a trademark is a transfer or sale of the logo or brand name ownership from the original owner to another owner with or without transfer of goodwill. It is a written document that relates to the transfer of ownership rights according to the Trademark Act, of 1999.
The owner who transfers the title is called an assignor and who receive the title are called an assignee.

 

Advantages of assignment of the trademark

  1. The person who assigns his trademark will be able to encash his brand name.
  2. It is beneficial for buyers of trademark, as it is already established and it has popularity.
  3. Assignment of trademark helps in the expansion of business. These are the benefits included in the assignment of the trademark.

 

Assignment of a trademark can be made in 4 different ways such as,

  • The assignor can transfer some part of the ownership to the assignee on limited products is called a partial assignment.
  • The assignor can transfer complete ownership to the assignee and this is called a complete assignment.
  • The owner will transfer the title of the brand name as well as the value of the trademark, this is called a trademark with goodwill.
  • Here the assignor will transfer the trademark by restricting buyers' rights by not transferring goodwill, this is called a trademark assignment without goodwill.

So these are the types of assignments of the trademark which can be made at the time of transfer of ownership.

 

Process for assignment of the trademark

In order to transfer ownership of the trademark, there are some procedures to be followed such as,

  • The first step is to file for assignment of trademark either by owner or receiver or even both by filling up form TM – P with all the necessary information.
  • Then you must file forms 23 and 24 in order to register your assignment of a trademark with the registry.
  • The application form must be filed with the registrar of the trademark.
  • This process must be completed within 6 months of proprietorship acquisition.
  • Advertisement of trademark assignment must be specified by the registrar.
  • A copy of the advertisement of the assignment of trade is to be submitted to the registrar.
  • After verifying all the documents, the registrar will transfer the ownership of the trademark to the assignee.

 

Documents required for assignment of ownership

The assignment of a trademark should be in written form.

  1. The Trademark Certificate.
  2. The assignor should submit a no-objection certificate (NOC).
  3. Other related documents from assignor and assignee.

 

Is there any restriction on the assignment of the trademark?

YES! The trademark act puts certain restrictions on the assignment of trademarks such as,

  1. It is restricted that for more than one person the transfer of ownership cannot be made.
  2. It is also restricted that different people cannot use the same brand name in different countries at the same time.

So these are restrictions that are put on the assignment of the trademark.

 

Assignment of unregistered trademark

YES, an unregistered trademark can also be assigned with or without goodwill by filing form   TM – 16.

What is the prescribed fee for the application of the assignment of the trademark?

The fee prescribed by the government of India for the assignment of a trademark is Rs.9000.

FAQs of Trademark Assignment in Chandigarh

A trademark assignment is the transfer of ownership of a trademark from one party to another. The transfer can be either partial or complete, and it may involve the transfer of ownership of the entire trademark or only specific rights associated with the trademark.
A trademark assignment is typically completed through a written agreement between the current owner of the trademark (the assignor) and the new owner (the assignee). The agreement should be signed and dated by both parties and should include details about the trademark being assigned, the rights being transferred, and any payment or consideration being exchanged.
There are many reasons why someone might want to assign a trademark, including selling a business, merging with another company, or simply wanting to transfer ownership of the trademark.
The process for assigning a trademark involves drafting an assignment agreement that outlines the terms of the transfer, including the transfer of ownership rights, the payment of any fees or compensation, and any other relevant details. Once the agreement is signed by both parties, it must be filed with the appropriate trademark office.
The timeline for completing a trademark assignment can vary depending on a number of factors, including the complexity of the assignment and the efficiency of the trademark office. Generally, it can take several weeks to several months to complete a trademark assignment.
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