Trademark Assignment In Bangalore

Minimum requirements for Trademark Assignment in Bangalore

• The assignment should be done for a consideration.
• The assignor must obtain the consent of the registrar of trademarks.
• In case of associated trademarks, they have to be assigned together.
• It must perceptibly identify the assignor and assignee.
• In case the assignment involves the transmission of money outside India, then the permission of the concerned authority is required to be produced.

PROCEDURE FOR TRADEMARK ASSIGNMENT IN BANGALORE

1. For assignment and licensing in Bengaluru of a trademark, an application for the same has to be made by the assignor or assignee, or both by making a joint request to register assignee as a subsequent proprietor.
2. Next, an application in form TM-P has to be filed with the registrar of a trademark within six months from the date of acquisition of the proprietorship. The said application can also be filed later, but the requisite fee has to be paid along.
3. In case the assignment is without goodwill or is of certified trademark, the direction from the registrar of trademarks has to be obtained before the expiry of six months from the date on which assignment is made or within the extended period which is allowed by the registrar.
4. The assignment then has to be advertised in such form and manner and within such period as the registrar may direct. A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office just to make sure that the directions have been complied with.
5. Once the online trademark assignment Bengaluru application and required documents are submitted, the registrar after getting satisfied shall register the assignee as the proprietor of the trademark and enter the particulars of the assignment in the register.

Advantages of an Online Trademark Assignment Bengaluru

1. An assignment agreement enables the brand owner to unlock the value of the brand, which earlier had value only on paper.
2. It helps assignee to enter the market with an already well-known brand, rather than building a new one entirely.
3. It helps establish rights through the deed, in case of disputes.
4. It also helps the Registrar ensure that all the checks are in place by examining the validity of all the clauses in the agreement and publishing the assignment in the Trade Marks Journal.

FREQUENTLY ASKED QUESTIONS

1.       What is Trademark Assignment?

Trademark Assignment is a process of transferring the ownership and proprietary rights of the trademark. This assignment can be with or without the goodwill of the business.

2.       Are Trademark Assignment and Trademark Transmission same?

Yes, assignment and transmission both are same and refers to the transfer of ownership of the trademark.

3.       Can a Trademark be assigned before its registration?

Yes, the ownership of the trademark can be transferred during the examination of the trademark application.

4.       Is there any restriction on the transfer of trademark rights in Bengaluru?

Trademark cannot be assigned if the exclusive rights of the trademark vests with more than one person.

5.       Can a trademark be registered in the name of more than one applicant?

Yes, Indian law authorizes a trademark which can be owned jointly by multiple applicants.

6.       What is the difference between Complete and Partial Assignment of Trademark?

In the complete assignment, all the rights vested in a trademark including the right for further assignment are granted; whereas in the partial assignment, there are certain restrictions on the transfer of ownership.

7.       Who can assign the trademark?

Any person who is a registered owner and who has the right to transfer the trademark to the subsequent user can assign a trademark. The registered proprietor can also assign the trademark either completely or partially.

8.       When can trademark be assigned?

Trademark assignment and licensing in India can be done anytime either during the examination of the trademark registration application or after the registration of the trademark.

9.       Are there any restrictions on the transfer of trademark rights in Bengaluru?

Yes, there are certain restrictions on the transfer of trademark rights in Bengaluru to prevent the splitting of rights over the trademark. 

10.   List one restriction on the Trademark Assignment in Bengaluru

One of the restrictions is that only the registrar of the trademark has the power to approve any assignment