Trademark Assignment In Chennai

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