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The process of transfer of the proprietary rights of the property by the trademark owner to any other person is called Trademark Assignment. Trademark is like an asset which can be transferred from one person to another. The transfer of ownership from one person to another can be temporary through licensing or permanent through an assignment. The only difference between trademark assignment and trademark licensing is that in case of an assignment of the trademark all the rights associated with the trademark is transferred whereas in trademark assignment only few restricted rights to use the brand or mark are given to the third part. The Trademarks Act, 1999 governs the transfer of rights by a trademark owner to any other person or entity. Trademark Assignment can be done in three ways:- (a) Complete Assignment of Trademarks (b) Partial Assignment of Trademarks and (c) Assignment without goodwill.
In complete assignment of trademark, the owner of the trademark transfers all the rights associated with the trademark to another entity. The transfer of rights includes the right to further transfer, earn royalties etc.
In partial assignment of trademark, the owner of the trademark may retain certain rights during transfer of the rights. The transferor may retain the right to further transfer, to earn royalties etc.
This is an assignment where the owner of the trademark assigns the trademark along with giving the assignee the right to use the same trademark for the same product i.e. transfer of the rights and values associated with the trademark.
This kind of assignment involves the transfer of rights and not the values associated with it i.e. the assignee was restricted by the owner of the trademark to use the trademark for the product he uses it for.
Republic Day which is celebrated on 26th January is one of the three national festivals of India. The Republic Day parade which takes place in Delhi is the center of attraction in these festivals. The parade on the Rajpath starts from the Rashtrapati Bhawan and ends near India Gate. It includes the display of valor by the three types of forces, the Army, the Navy and the Air Force; the diverse display of culture from different states followed by the display of tableaux from different ministries. Beating Retreat marks the end of the 3 day celebration on 29th January.
Following are the reasons for trademark assignment in Delhi:-
Once the trademark is registered, it is sufficient to gain confidence of the customers as they feel that the owner of the trademark cares about the brand. Trademark assignment allows the brand owner to unlock the value of the brand. The owner of the trademark can derive benefits from the registered trademark. The owner of the trademark can assign the trademark to any other person and en-cash the value he has established through the trademark.
After trademark assignment, the new owner of the trademark can use the name of the trademark for deriving maximum benefits in the concerned business. Trademarks which are already registered are easy to remember and spread and it will be difficult for an enterprise to apply a good trademark which can satisfy the corporate image and easy to memorize and spread. Hence, buying a trademark from the owner of the trademark will be a good choice to enter a market with an already well known brand rather than building a new one.
The most important reason of the transfer of trademark rights is takeover of the business which is not performing better in the market. The owner of the business having registered trademark takeover those businesses which do not have the capacity to yield higher profits from the business they are operating.
Trademark Assignment in Delhi is required for the following reasons:-
Generally, trademark assignments are carried out with the motive of expanding the business. Through trademark assignment, the owner of the trademark tries to enter into a new relevant market for the purpose of the expansion of the business and to raise its profits.
If the owner of the trademark is facing problems with his co-owners on the terms and conditions of the agreement of the business, he can cancel that agreement and has the option to come in a new agreement with another person through trademark assignment. Trademark assignment allows the owner of the trademark to change the terms of the business but this could only be possible in partial assignments. In case of complete assignments, the ownership of the trademark gets transferred to another person and the owner of the trademark has no longer rights over the trademark.
Generally, transfer of trademark rights is done with the aim to derive more profits from the business. In some cases, it is intended at expanding the business but most of times it is done for converting the business from one form to another because the business is not performing better in the marker. In order to get benefits from the business, the owners of the trademark change the business into another form with the same registered trademark.
Following processes is required to be followed for transfer of trademark Rights in Delhi:-
According to Section 38 of the Trademarks Act, 1999, a registered trademark can be assigned or transmitted in full or part, with or without the goodwill of the business. Further, Rule 68 of the Trademarks Act, 2002 states that the assignments must be registered with the Registrar of Trademarks.
In order to assign an unregistered trademark, a person is required to file a request on form TM-16. An unregistered trademark can be assigned with or without the goodwill of the concerned business.
· Following things needs to be incorporated in the trademark assignment deed:-
The fee for the trademark assignment in Delhi is to be paid according to the assigning of the trademark with respect to the date of acquisition of proprietorship.
The applicant is required to make an application under Form TM-P (DIRECTION OF REGISTRAR FOR ADVERTISEMENT WITHOUT GOODWILL- official fee INR 2700) for making a record of assignment without goodwill of business. The application has to be made within 6 months from the date of assignment which can be extendable by another 3 months as per prescribed forms. The application has to be made requesting the Registrar to advertise the trademark assignment in the Trademark Journal in order to give notice to the public of the assignment without goodwill of business. After the advertisement of the trademark assignment, an application for recording the assignment can be filed with the TM-M/TM-P form. The application form shall be accompanied by a copy of the advertisement notice as issued by the Registrar along with a copy of the TM-P (DIRECTION OF REGISTRAR FOR ADVERTISEMENT OF ASSIGNMENT WITHOUT GOODWILL) form.
Following are the minimum requirements for offline or online Trademark Assignment in Delhi:
Following documents are required for Trademark Assignment in Delhi:-
A duly stamped and notarized assignment deed is required in which the full details of the assignor and assignee is mentioned along with their signatures, the consideration paid by the assignee to the assignor, effective date of assignment, statement pertaining to whether the assignment is with or without goodwill of business.
Both the assignor and the assignee has to provide the details like identity and address proof along with their signatures, effective date of the trademark assignment and the date of the registration of trademark etc.
The assignor of the trademark is required to provide full details of the trademark to be assigned.
The applicant is required to make an application under Form TM-P (DIRECTION OF REGISTRAR FOR ADVERTISEMENT WITHOUT GOODWILL) for making a record of assignment without goodwill of business.
If someone is representing the assignor or assignee, he/she is required to provide a power of attorney.
It is mandatory for the assignor to submit an affidavit attesting that there is no pending litigation and that there is no dispute regarding the ownership of trademark. The affidavit of no-pending litigation is to be submitted along with the trademark assignment deed.
Following are the benefits of transfer of trademark Rights in Delhi:-
Trademark assignment allows the brand owner to unlock the value of the brand. Trademarks which are already registered are easy to remember and spread and it will be difficult for an enterprise to apply a good trademark which can satisfy the corporate image and easy to memorize and spread. Hence, buying a trademark from the owner of the trademark will be a good choice to enter a market with an already well known brand rather than building a new one.
In Trademark Assignment, the registrar examines the validity of all the clauses of the agreement and ensures that the all the checks are in place by publishing the assignments in the trademark journal. Therefore, the assignee of the trademark would easily establish the legal rights associated with the trademark in case any dispute arises out of trademark infringement.
Assignment of trademark usually takes less time than registering the trademark. Commonly, it will take about a year to get the trademark registered whereas the same trademark can be assigned to a different person within 6 months.
With regard to trademark registration, the success rate of assignment is much less than trademark assignment. Usually, a trademark gets refused because of being same or similar to the prior registered trademark. Thus, there is certain risk of failure associated with registering the trademark. However, assignment of trademark could be done easily by following the legal procedures and the risk of failure do not exist at all.
Trademark Assignment refers to the transfer of ownership of property from one person to another. If the transfer is temporary then it is called trademark licensing whereas trademark assignment is the permanent transfer.
For trademark assignment, an agreement is to be entered between the assignor and the assignee regarding the terms of the assignment. Also, both the parties are required to follow the online trademark assignment procedure and filling the online form with the Registry and paying the fee as prescribed.
Yes, an unregistered trademark can be assigned with or without goodwill.
Yes, a person can transfer the rights associated with the trademark to another person without transferring the ownership. This is called partial transfer of trademark assignment.
In Delhi, there are four types of trademark assignment:-
The payment of stamp duty shall be executed before the deed of the trademark assignment in India
The fee payable for trademark assignment as prescribed by the Registry of Trademarks is Rs 9,000.
How much time will it take to complete the formalities of trademark assignment?
The assignment of trademark usually takes 6 to 10 months.
For trademark assignment, following documents are required:-
Trademark Assignment helps the owner to expand his business and to enter into one relevant market from the other one. Also, the trademark assignors can en-cash the trademark brand value through the trademark assignment.