Trademark assignment and transmission is the provision under the Trademarks Act to change the ownership of a Trademark from one person or entity to another. This may be done for any financial consideration or maybe a mere transfer to its successor. The new Trademarks act has enabled unregistered trademarks to be assigned or transmitted with or without the goodwill to another person or entity. Trademarks associated with each other will have to be assigned together.
There are two types of assignment or transmission, one with goodwill and another without goodwill. The transfer of goodwill confers on the transferee of assignee the exclusive right to carry on the business transferred, the exclusive right to represent himself as carrying on such business and the exclusive right to use the brand name under which the business has been carried on.
If any trademark which is being transferred has already been licensed to any other person or entities, the license agreement automatically stands terminated. A fresh license needs to be executed with the new owner in such case.
We will collect all the information regarding your application and study the same to be able to consult you accordingly
We then request you to make the payment in any of our bank accounts to initiate the assignment or transmission process
We prepare the assignment deed and guide you the process of executing it
In case of assignment without goodwill as per Section 42 we need to advertise the same and take necessary permissions from the Registrar before we can initiate the assignment
An application is made to register the assignee or the transferee and make necessary changes in the Trademark records of the Trademark Registry
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Can you transfer an unregistered Trademark?
Yes, an unregistered Trademark can be transferred with or without the goodwill of the business under Section 39.
Can you transfer an expired Trademark?
No, once a trademark is expired it needs to be renewed first and only then can be transferred. If the trademark has expired its renewal date beyond limit then a fresh application shall be applied.