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A Trademark distinguishes the goods of a manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the trader as well as the consumer.
The object of trademark law is to permit an enterprise by registering its trademark to obtain an exclusive right to use, share or assign a mark.
A registered Trademark can be assigned and renewed. Before the date of expiry of the last registration of a trademark, the Registrar will send a notice as a reminder to the registered trademark owner regarding the expiration and conditions as to the payment of the fees. The rights of the trademark registration owner continue to operate until the registration of the trademark is either cancelled or expires, and subsequently removed from the trademark register.
Registration for a trademark can be renewed every ten years from the date of filing of the application for registration. There is no limit as to the number of times that the trademark is renewed, and any person can renew the trademark as long as the renewal made is as per the rules and regulations of Intellectual property laws governing trademarks.
Assignments pertain to the transfer of trademark right from the owner of the right to another person. An assignment can be done for both registered and unregistered trademarks. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks. Trademark assignment is affected by a duly executed assignment deed between the concerned parties.
Mumbai (or Bombay) was and is the most famous city from the time of British reign and so is the Bombay High Court (HC). Established in 1862, it is one of the oldest HC of India. Currently, it has its jurisdiction over Maharashtra, Goa, Daman & Diu and Dadra & Nagar Haveli. It has its benches located in Mumbai, Nagpur, Aurangabad and Panaji (Goa). Justice MC Chagla was its first permanent Chief Justice, post independence.
Trademark Assignment in Mumbai can be done with Comapny Vakil.
Assignments pertain to the transfer of trademark right from the owner of the right to another person. An assignment can be done for both registered and unregistered trademarks. In case of an assignment, there is a change in the ownership of the registered trademark. Sometimes, while executing a complete assignment, the owner of the trademark transfers all the rights with relation to the trademark, together with the transfer of the rights like the right to any transfer, earn royalties, etc., to the other party. The transferring party known as the assignor transfers the trademark right to the receiving party known as the assignee. Subsequent to the assignment of a trademark, the assignee becomes the owner of the trademark. Trademark assignment is affected by a duly executed assignment deed between the assign or and the assignee. Assignments lead to the creation of multiple exclusive rights.
A registered Trademark assignment is recorded in the Register of trademarks. The most crucial requirement for a valid agreement of assignment is that there must be evidence of an intention on the part of the assignor to transfer ownership of the trademark as well as the associated goodwill to the assignee.
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 assignment of the trademark.
A trademark assignment 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 can be solved by 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.
The process of assignment and transmission of trademark in Mumbai involves the following steps:-
· An application for trademark assignment is to be filed by both the parties to 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 is assigned within the extended period which is allowed by the registrar.
· An advertisement regarding the assignment is made in prescribed manner and period as the registrar may direct.
· On the receipt of the application of trademark assignment and required documents, 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.
Cost of Trademark assignment in Mumbai
CompanyVakil can help you get your trademark assigned in Mumbai at a reasonable cost of Rs. 15000 only.
· Legal permission and protection
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 the assignment of the trademark.
A trademark assignment 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 other.
Many a times it happens that people doesn’t get the desired trademark because it is already present on record with some other person or company. This problem is also solved by away of assignment.
The owner of a trademark can know the worth of his brand through an assignment agreement. He is entitled to receive royalty upon assignment of his trademark rights through which the value of the true trademark is realized.
All the Documents are required only in scanned form. You can attach the document in the form after payment or email it to us on firstname.lastname@example.org. Feel free to get in touch for any query.
For filing an application for offline or online trademark assignment in Mumbai the assignment deed which must be compulsorily in writing and duly signed by both the parties including the effective date of the assignment set down clearly is required.
Further, for assignment, ID proofs of the assignor as well as the assignee, furnished along with the application.
Documents of the registered trademark are also required to be furnished.
The process through which the Ownership and Proprietary Rights of a Trademark is Transferred with or without the Goodwill of the business, is called as Trademark Assignment.
Yes, a single trademark can be registered to more than one applicant. Trademark Registry gives an option of Jointly Owning a Trademark i.e. the Ownership and Proprietary Rights are jointly shared between all the applicants of that Trademark assignment india.
Trademark Assignment has the following benefits:-
1. It unlocks the true value of your brand, as you will get to know the exact goodwill enjoyed by your brand.
2. In case of a dispute related to trademark ownership, the assignment deed acts as an Instrument of valid proof defining the all the Proprietary and Ownership Rights.
Complete Assignment allows fully transferring the trademark rights in Mumbai, even the right to further assign. In Partial Assignment, there are some restrictions on the transfer of ownership i.e. certain rights are transferred and certain rights are restricted.
Trademark cannot be assigned if the ownership and Proprietary Rights are vested in more than one person.
No, they both mean the same.