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In case of an Assignment of a Trademark, there is a transfer of ownership from one person to another. A brand or a Trademark owner can transfer his rights either by licensing or assignment. The Trademarks Act, 1999 provides with both licensing and assignment procedures. In case of licensing, the right continues to be with the owner but few restrictive rights are given to the 3rd party. In case of a registered Trademark, such assignment is recorded in the register of Trademark. A mark may be assigned in the following ways:
1. Complete assignment: In this, the owner transfers all the rights with respect to Trademark like earn royalties, etc.
2. Partial assignment: In this, the ownership is transferred with restrictions to a specific product like the owner may retain the right to further transfer, etc.
3. With Goodwill: It is an assignment where the owner transfers the right and value of Trademark with respect to the product.
4. Without Goodwill: It is an assignment where the owner restricts the assignee for the use of Trademark for the product he uses. This means that the goodwill attached to the owner’s brand with respect to the particular product already been sold is not transferred to the buyer.
If a person starts using someone else’s registered trademark without their consent, then the right of the owner over the trademark is subject to get infringed. Such a person may face legal implications due to trademark infringement. So, in order to overcome this, a person can obtain an trademark assignment in Ahmedabad
A trademark assignment in Ahmedabad gives legal permission to a person to use the trademark of another person. It helps a person to exercise a right over the intellectual property of others.
Many times, people wish to have the desired trademark but it is unavailable because it is already present on record with some other person or company. This problem is also solved by a way of assignment.
Whereas renewal of a Trademark ensures the continuance of legal protection of the trademark. It benefits the owner to continue his use of trademark right legally.
Also, there is no limit as to the number of times that the trademark can be renewed, and any person can renew the trademark as long as the renewal is made as per the rules and regulations of Intellectual property laws governing trademarks.
Ahmedabad is a beautiful City with rich Culture and History. Previously ruled by the Delhi Sultanate and perfectly managed by the government under the leadership of our Prime Minister. the city is very colourful and also enjoys a wide array of food and festivities. Mahatma Gandhi is also from this place and has done great things for the city including the simplistic lifestyle which is followed.
Trademarks are also transferable. Trademark Assignment in Ahmedabad which also means that rights are transferred from one to another person, either partial or complete. The assignment gives the legal right to the owner to transfer the Trademark. Intellectual Property can be transferred from one owner to another like any other property. In order to Assignment, a person must take into consideration the goodwill of the brand name, usage in associated goods or services and also the impact that may occur because of such type of transfer. The timeline plays an important role in Trademark Assignment particular to Ahmedabadare Indian Jurisdiction.
A registered Trademark is valid up to a period of ten years and it can be further renewed from time to time for an unlimited period upon payment of the renewal fees.
Trademark renewal process must be carried out three to six months before the expiry of the mark.
The Registrar will only inform the trademark owner about the expiry date of the trademark and the whole process of renewal takes a month to be completed.
The steps involved in the renewal of a trademark are as follows: -
The fee for registration of a copyright depends upon the work which is to be copyrighted.
Preparing renewal application
The trademark owner or an agent authorized by the owner has to make an application of trademark renewal in the stipulated form (TM-12) within six months from the date of expiry of the trademark.
The renewal application has to be filed with the registrar within the prescribed time period to avoid the expiration of the trademark.
Requisite renewal fee
The validity for trademark registration is ten years, for further renewal the owner has to file an application with the registrar which will be accompanied by the prescribed fees. The renewal charges may vary if filed before six months of the expiry of registration of filed within 6 months after the expiry of the trademark registration.
Examination and review
The renewal request shall be processed after receiving the trademark renewal application along with the required documents. The examiner checks the renewal application in accordance with the provisions of the e Trademark Act, 1999.
Publication in Trademark Journal
Once the examiner is satisfied with the renewal application, he intimates the applicant about the renewal of the registered trademark. All the approved renewals are then sent for the publication in the trademark journal. The Trademark Journal is an official gazette of the Trademarks Registry.
The process of trademark assignment in Ahmedabad involves the following steps:-
An application for trademark assignment in Ahmedabad is to be filed by both the parties with the registrar of the trademark before six months from the date of acquisition of proprietary
The assignment deed should be compulsorily in writing and duly signed by both the parties. The effective date of the assignment should be set down clearly.
In case of assignment without goodwill or assignment of a certified trademark, the direction from the registrar of trademarks is required before the expiry of six months from the date on which trademark as assigned within the extended period which is allowed by the registrar.
An advertisement regarding the assignment is to be made in prescribed manner and period as the registrar may direct.
On the receipt of the application of trademark assignment in Ahmedabad and also the required documents given, the registrar after verifying documents if gets himself satisfied, he shall register the assignee as the owner of the trademark and the particulars of the assignment will be entered in the register.
The minimum requirement for Trademark Assignments in Ahmedabad are:
1. The right of the registered owner for assigning a Trademark is recognized only when the Assignment in done for certain consideration.
2. The effect of Assignment of the certificate of Trademark will take place when the assigner obtains the consent from the Registrar of Trademarks.
3. Trademarks have to be assigned together if there is a case of associated Trademark.
4. The valid Assignment must have assignor and assignee.
5. The permission of certifying authority must be taken if the assignment of trademarks involves the transfer of money outside India.
The required documents for assignment of the trademark are:
With the help of the assignment agreement, the owner of the brand is able to unlock the value of the brand which was at this point only had value on papers. The assignee on another hand could be significantly better off entering a market with an already well-known brand, rather than building a new one entirely.
In case of any dispute which is related to the trademark, legal rights would easily be established only through the deed of assignment. The Registrar ensures that all the checks are in place by examining the validity of all the clauses which are mentioned in the agreement and publishing the assignment in the Trade Marks Journal.
Transferring your trademark includes two major steps: documenting the transfer between the parties and then documenting the transfer with the U.S. Patent and Trademark Office (USPTO). Before you can document your transfer with the USPTO, you'll need to put together a trademark transfer (or assignment) agreement.
The term of registration of a trademark is ten years, which may be renewed for a further period of ten years on payment of prescribed renewal fees. Non-user of a registered trademark for a continuous period of five years is a ground for cancellation of registration of such trademark at the behest of any aggrieved party.
The registration of a trademark confers upon the owner the exclusive right to the use of the registered trademark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
Two types of remedies are available to the owner of a trademark for unauthorized use of his or her mark or its imitation by a third party. These remedies are:
While former is a statutory remedy, the latter is a common law remedy. In an action involving infringement or passing off, a court may grant relief of injunction and/or monetary compensation for damages for loss of business and/or confiscation/destruction of infringing labels and tags etc.
Although registration of a trademark is prima facie an evidence of the validity of a trademark, yet the registration can not upstage a prior consistent user of the trademark, for the rule, is 'priority in adoption prevails over priority in registration`.
The Registered Proprietor: The Registered Proprietor of a trademark can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Purchaser and ultimately Consumers of trademarks goods and services.
The Government: The Trademarks Registry is expected to earn a substantial annual revenue, which is perpetually on the rise.
Recently, a whole new set of Forms has been prescribed for initiating various applications under the Trademarks Act.
For filing new applications (Form TM-A)
To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (Form TM-O).
For Renewal of a Regd. trademark (Form TM-R ).
Surcharge for belated renewal (Form TM-R)
Restoration of the removed mark (Form TM-R)
Application for rectification of a registered trademark or changes in registration (Form TM-P)
Legal Certificate (Form TM-M)
(Providing details of entries in the Register)
Official search request (Form TM-M).
The preliminary advice of the Registrar as to the registrability of a mark (Form TM-M).
Copyright search request and issuance of certificate (Form TM-C)
The Indian law of trademarks is enshrined in the new Trade Marks Act, 1999 came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed at the same time. The new Trademarks Act of 1999 is in line with the WTO recommendations and is in conformity with the TRIPS Agreement to which India is a signatory. Trademarks Act, 1999 has been further amended by The Trademarks (Amendment) Act, 2010 to provide for the protection of trademark assignment india, in line with the Madrid Protocol.
The penalty for selling or providing services using a false trademark is a minimum of six months and maximum of three years imprisonment and with a fine not less than Rupees Fifty Thousand but which may extend to Rupees Two Lakh.