What is the ‘Assignment’ and ‘Transmission’ of Trademarks?
Assignment of trademarks takes place when there is a transfer of ‘ownership’ of the mark from one party to another with or without goodwill of the business. In India, in case of assignment of registered trademark, such assignment is required to be recorded in the register by filing Form TM-P (Application for Post registration changes in the trademarks) along with the prescribed fees. In case of unregistered trademark, all assignments must be registered on Form 23 or Form 24 before the Registrar of Trademarks.
Assignment of trademarks is conducted by way of a properly executed Trademark Assignment Agreement signifying the transfer of the mark from one person or entity (owner) to another party.
Transfer of rights by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment, is also as transmission of trademarks under Section 2 (1) (zc) of the Act.
Various ways in which assignment agreements can be executed
1. Complete Assignment – All rights in the trademark as transferred to another entity including the rights to earn royalties etc.
2. Assignment with respect to specific products or services also known as Partial Assignment – The transfer of ownership is restricted to the type of goods or services agreed upon by the parties.
3. Assignment with goodwill – All rights and value of the trademark as associated with the goods or the services are transferred. Herein, the assignment is such that the rights and value are transferred not only with respect to the class of goods the trademark was previously being used for. The party receiving the ownership of such trademark is free to use such trademark for any class of goods. (under Section 39 of the Act).
4. Assignment without goodwill also known as gross assignment – All rights and value of trademark are transferred to the assignee (buyer) without the transfer of right to use such trademark for the class of goods it was previously being used for by the original owner of the trademark. For e.g., Where the trademark “LOVEKART” was being used for gift box delivery services, any assignment without goodwill of the same would not allow the assignee to use such trademark “LOVEKART” for gift box delivery services. The assignee may use with respect to any other class of goods or services and has to create a separate goodwill in the same. (under Section 39 of the Act).
Fees for assignment of trademarks in India
1. Where the trademark assignment is done within six months from the date of acquisition of proprietorship then statutory fee would be Rs 5,000.
2. Where the trademark assignment is done after the expiry of six months but before twelve months from the date of acquisition of proprietorship then the statutory fee would be Rs 7,500.
3. Where the trademark assignment is done after twelve months from the date of acquisition of proprietorship then the statutory fee would be Rs 10,000.
How S.K. Agrawal & Co. Helps in Trade Mark Renewal?
With S.K. Agrawal & Co., you can Assign your Trade Mark seamlessly. You can assign your Trade Mark in just 4 simple steps:
Step 1: Confirmation Mail Acceptance of our Proposal
Send confirmation mail at our email id regarding acceptance of our Proposal for Assignment of Trade Mark. You can request a callback or directly call to our expert on phone number provided at our website. Our experts will contact you and clear all your queries.
Step 2: Send the Documents on our Email Id
Send below-mentioned documents on our email Id to Assign your Trademark:
- Duly filled Checklist.
- Duly notarized and signed Power of Attorney.
- Trademark Registration Certificate or Pending Application.
- NOC from Assignor and Assignee duly stamped and Notarized.
- Board Resolution in case of CompanyNOC from Assignor and Assignee duly stamped and Notarized..
- Any other Documents/Information..
The Trade Mark Assignment from S.K. Agrawal & Co. is completely online and thus, you can save time and money as you need not have to visit our office. If you want to visit to our office you are most welcome.
Step 3: Document Verification by our Expert Team and Signature of Documents
Our experts team will verify the documents uploaded by you.
Step 4: Our Experts Team will File Forms on the Trade Mark Registry/Authority portal to Register Your Trademark
After the Trade Mark Assignment form is filed on the Trade Mark Registry/Authority portal, the Trade Mark Registry/Authority will verify the forms submitted by our expert team.
Service Area
We provide strategic and qualitative advisory services to all our clients from domestic to international organizations, small, medium and large sized enterprises, assisting them with their incorporation and quality management services so they can establish their business successfully globally. To help them deal with their tax issues, financial and legal requirements we provide all support for post incorporation services, so they are able to run their business seamlessly. We are based at New Delhi and Faridabad, but our wings are spread to serve clients across the globe. Customer Satisfaction, Quality of Service and our Turnaround time are the drivers of our enthusiasm and success. We are continuously serving our client at Faridabad, Delhi, Gurgaon (Gurugram), Noida (Gautam Budh Nagar), Sonipat, Panipat, Palwal, Jind, Karnal, Meerut, Kolkata, Mumbai (Bombay), Pune, Bangalore, Nasik, Aurangabad, Nagpur, Ludhiana, Amritsar, Mohali, Hyderabad, Kanpur, Agra ,Rudrapur, Haridwar, Jamshedpur, and many other Industrial Areas.