"Register your Brand & Secure it from ingfringment"
The transferring party is called the assignor, and the receiving party is called the assignee. Section 2(1) (b) of the Trade Marks Act, 1999 states that assignment means an assignment of a trademark in writing by the act of the concerned parties. Both unregistered and registered trademarks can be assigned with or without the goodwill of the business.
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Filing an application for trademark assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both. Filing of Form TM-P. Filing of all the requisite documents relating to trademark assignment with the Registrar of the trademark.
A trademark must be “assigned” through an Assignment of Rights.
A trademark assignment agreement outlines the transfer of a trademark owner's rights, title, and interest in and to the service mark/trademark.
A trademark assignment happens when the ownership rights of a trademark or brand are transferred from one party or owner to another person.
Yes, an assignment of a trademark can be done with or without the goodwill of the business.
Yes, in the case of a registered Trademark, it is compulsory to get such an assignment recorded in the Register of trademarks.
An individual can transfer or assign his/her trademark through deeds, agreements, etc.
In both registered and unregistered trademark assignment, the assignee must apply to the Registrar within a period of 6 months.
Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.