Trademark Assignment In Chennai

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Trademark Assignment in Chennai Cost With Breakdown

ConsultancyFREE

Trademark Name SearchFREE

Government Fee for Individuals and startups Rs 9700.00*

Professional fees Rs 1800.00***

TotalBuy Now Rs 11500.00**

Trademark Assignment in Chennai

CHENNAI : It is the capital of Tamil Nadu and is located in the eastern India. It is one of the biggest economical , Cultural and educational centers of India . The  Quality of living survey also state that  Chennai is the safest city in India In the year 2015 it is also ranked to be the 43rd most visted city in the world. It attracts various tourist as they are having Chennai Central , Marina Beach , Madras High Court , TIDEL Park , Ripon Building , San Thome Basilica , Kapaleeshwarar Temple etc

 

Trademark is an intellectual property of an enterprise, a trademark not only represents the brand it’s associated with but also plays the representative role of the goods & services it is responsible for, and just like any property these intellectual properties can also be sold or transferred through the process of licensing or through the assignment. In the former, only a few rights are vested in the other party but in the latter, there is an unconditional transfer of rights with the third party with the third party becoming the undisputed owners of the trademark. Though Trademark Assignment in Chennai might have types in which the propertiership has been transferred to the third party there is a complete and incomplete assignment i.e. the party can choose to either give an absolute assignment of the trademark or can choose to give restrictive assignment of the trademark, while on the other hand there is assignment of trademark with or without goodwill, which can also be understood as the value attached to the goods and services with respect to the trademark in question. Furthermore, it is important to understand that Trademark Assignment has some of its shortcomings as well, though the Trademark has to be understood in terms of intellectual property that can be transferred, the greater good of the public has to be kept in mind of the people as well in order to skip confusion of any sort with respect to the public, hence due to this reason there are limitations that have been prescribed by the Trademark Act, 1999 regarding the ownership of rights by different parties of Trademark Assignment in Chennai.

 

Reasons for Trademark Assignment in Chennai

The benefits if trademark assignment can be understood in a twofold manner wherein the assignment of the trademark majorly helps the other party in establishing or carrying forward an already established trademark rather than starting from scratch, the potential of the trademark might be explored better pertaining to a trademark assignment with the other party who is also the assignee. The assignment helps in establishing a better foothold in the market with the help of an already established and well-known trademark, then the potential or value of the trademark can be further unleashed.

Another advantage of the Trademark Assignment in Chennai is the fact that there might be a legal dispute regarding the assignment of the trademark from one party to another, the trademark assignment deed is the foremost instrument that helps in aiding the legal intricacies in the trademark assignment and helps solve disputes that may arise in future due to the assignment.

In many cases, a brand or an enterprise might want to use a trademark which is already in existence in the mark, so to use the trademark the assignment of the same is crucial in order to carry on which the aforesaid brand continually. Moreover, Trademark Assignment in Chennai gives the advantage to the assignee to use the trademark (which is already established in the market) towards its benefit.

 

The process of Assignment and Transmission of Trademark Chennai

The Trademark Assignment in Chennai process is carried out by the parties when they have fully finalized that there will be an assignment of the trademark in question amongst them. Mostly parties resort to professional help in regard to the assignment procedure, this is done so as to there is no scope of any discrepancy regarding the whole process. Moreover, it is not possible for a non-experienced person to handle the legal intricacies pertaining to the same. CompanyVakil.com provides a platform for this Online Trademark Assignment Chennai wherein the party can approach the easy procedure followed by the company and get a trademark assignment executed smoothly. The process of Trademark Assignment in Chennai is as follows

  • Formulation of terms and conditions by both the parties: Here both the parties lay down a list of their terms and conditions which would result into an equivocal and unconditional agreement between the two parties with respect to the assignment of the trademark.
  • Trademark Assignment Deed – A deed is prepared which would help in furnishing the smooth execution of the Trademark Assignment, furthermore this deed is one of the most important document when it comes to Trademark Assignment.
  • Assignment Deed Verification & Notarization – The assignment deed in question is then verified and ratified by the concerned notary who makes the deed a judicial document, which has to be then shown in front of the concerned Trademark Authorities.
  • Assignment deed to concerned authority – The trademark assignment deed is then forwarded to the department of trademarks which then scrutinizes the deed and it is then recorded accordingly.

 

Minimum Requirements of Trademark Assignment

The minimum requirements of the parties when filing for a Trademark Assignment in Chennai can be enumerated as the following:

  • Parties Details: The parties which are applying for the trademark assignment, name and correspondence details of the party
  • Trademark Assignment Details: The details of the trademark that is to be assigned, the goods & services it represents and the owners of the trademark
  • Filled Form of Trademark Assignment: Filing of the form as prescribed by the trademark authorities which furnishes all the details of the assignment.
  • Power of Attorney
  • Trademark Assignment deed: The most important document containing all the necessary details of the terms and conditions of both the parties with respect to the assignment, this has to be a notarized document.

However, there are certain other conditions that are to be kept in mind in matters pertaining to the Online Trademark Assignment Chennai  which are as following

  • The consent of the registrar is duly mandated when there is a question of assignment of a trademark without goodwill
  • Authorities have to ratify any assignment of the trademark when the other party is situated outside the borders of the countries
  • There has to be a clear identification of the parties
  • Associated Trademarks are assigned collectively

Documents required for Online Trademark Assignment Chennai 

There are three documents that are primarily essential for filing for Assignment and Licensing in Chennai which can be enumerated as the following

  • Trademark Assignment Deed- As discussed it is the first and foremost important document for assignment, which has to be duly ratified and notarized by the concerned notary which is then sent to the concerned department to be recorded
  • Power of Attorney – This document authorizes the other party to use the resources or the trademark assigned to the assignee without any legal ramifications. This has to be furnished from the assignor's end.
  • Filed Form of Identification – This produces all the details of the parties which gives an identification to recognize who is the assignee and who is the assignor

 

Benefits of Assignment and Licensing in Chennai 

Unleashing the value of the trademark – The value held by the trademark can be easily unleashed when once the assignment has been properly executed by the parties, the value which only pre-existed on paper can now be well realized and be molded in a better way when it ventures into the market.

 

  • Establishment of legal rights – When there is a legal dispute that may have been arisen due to certain conflict. Through assignment, the legal validity of the trademark in conflict can be well established since it would have been a duly registered trademark with the records of the concerned authority

TIME TAKEN in registration process

2 working days

Drafting of deed / Trademark Application

Full Detail

4 working days

Trademark Renewal/ Assignment filling

Full Detail

Frequently Asked Questions (FAQs) related to the

 

How is the stamp duty calculated on the Trademark Assignment?

The stamp duty on the Trademark Assignment is calculated according to the consideration furnished

 

Which is the most important part of the Trademark Assignment that has to be         mentioned?

Whether the assignment is with goodwill or not

 

Which section provides for Assignment and Transmission of Trademark Chennai?

The Section 38 & 39 of Trademarks Act, 1999 provides for Trademark Assignment

 

What form has to be filled for Assignment and Transmission of Trademark Chennai ?

The forms TM-23 & TM-24 has to be filed (according to Rule 68 of Trademark Rules) for Assignment and Transmission of Trademark Chennai

 

What is the difference between Trademark Assignment with goodwill and without goodwill?

In case of assignment with goodwill, the rights and valueare also transferred to other entity & in case of assignment without goodwill,there is an assignment of restricted rights.

 

What is the prescribed fee for Trademark Assignment?

If made within 6 months of propertiership – 5000, if made after 6 months but before 12 months – 7,500. Lastly, ifmade after 12months of acquisition of propertiership – 10,000. (All figures are in INR)

 

Can assignment of a trademark be done to foreign parties?

Yes, the assignment of a trademark can be done to the foreign parties but only with the permission of concerned authority.

 

Which is the most important document for Assignment of Trademark?

The Trademark Assignment in India deed

 

Can an unregistered Trademark be assigned?

The TM-16 has to be filed according to section 38 for Assignment with or without goodwill in case of an unregistered Trademark

 

What are all formsto be filled for a registered trademark to be assigned?

 Form 23 or 24 has to be filed for a registered trademark, as according to section 39 of the act.

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