TRADEMARK TRANSFER
| Basic | Advance |
|---|---|
| ✔ Application Filing Form TM-23 or TM-24 | ✔ Application Filing Form TM-23 or TM-24 |
| ✔ Professional Consultancy |
Trademark Transfer
Trademark Transfer in India
Introduction to Trademark Transfer Registration in India
Welcome to Bharat Filing Point! We are your one-stop solution for all your business setup and registration needs in India. At Bharat Filing Point, we understand the complexities of starting and running a business in India. That’s why we are dedicated to providing hassle-free and efficient services to help you navigate through the various legal requirements and regulations.
Trademark transfer in India involves the process of transferring ownership of a registered trademark from one party to another. This can be done through assignment or licensing. An assignment involves transferring all rights, title, and interest in the trademark, while licensing allows the trademark owner to retain ownership but permits another party to use the trademark.
Essential Licenses and Registrations for Trademark Transfer in India
To legally transfer a trademark in India, it’s crucial to comply with the provisions of the Trademarks Act, 1999. This includes obtaining the necessary licenses and registrations.
Advantages of Trademark Transfer in India
- Monetization: Transfering a trademark can provide a source of revenue for the original owner.
- Brand Expansion: Allows the new owner to leverage an established brand reputation.
- Legal Protection: Ensures that the trademark continues to be legally protected under the new ownership.
Disadvantages of Trademark Transfer in India
- Loss of Control: The original owner relinquishes control over the trademark.
- Potential Misuse: There’s a risk that the new owner might misuse the trademark, affecting its reputation.
Registering a Trademark Transfer Online in India
With Bharat Filing Point, registering a trademark transfer online is seamless and straightforward. Our platform guides you through every step, ensuring compliance with all legal requirements.
Importance of Registering a Trademark Transfer
Registering the transfer of a trademark is essential to ensure that the new owner has legal protection and exclusive rights to use the trademark. This prevents any potential disputes and clarifies ownership.
Procedure for Trademark Transfer Registration in India
- Application Filing: Submit Form TM-P along with the prescribed fee to the Registrar of Trademarks.
- Documentation:
- Deed of Assignment
- Original Registration Certificate
- Notarized Copy of the Transfer Agreement
- Publication: The transfer is published in the Trademark Journal.
- Approval: Once approved, the transfer is recorded in the Registry.
Application for Registration of Trademark Transfer in India
The application must include:
- Details of the trademark being transferred
- Names and addresses of both parties
- Date of the transfer
- A declaration by both parties
Compliance and Maintenance of Trademark Transfer in India
Post-transfer, the new owner must comply with ongoing maintenance requirements to ensure the trademark remains valid. This includes renewing the trademark registration and adhering to any specific conditions set by the Controller General of Patents, Designs, and Trademarks.
Key Steps to Remember for Trademark Transfer Registration in India
- Ensure all documentation is accurate and complete.
- Verify eligibility criteria are met, including ownership and validity period of the trademark.
- Comply with all legal requirements under the Trademarks Act, 1999.
- Maintain records of the transfer for future reference.
Eligibility Criteria for Trademark Transfer Registration in India
- Ownership: The transferor must be the rightful owner of the trademark.
- Validity: The trademark must be valid and not expired.
- Documentation:
- Deed of Assignment
- Original Registration Certificate
- Notarized Copy of the Transfer Agreement
Conclusion
Transferring a trademark in India involves various legal and procedural steps, but with the right guidance, it can be a seamless process. At Bharat Filing Point, we are committed to making this process easy and hassle-free for you.
Do you have questions about how we can help your company? Send us an email and we’ll get in touch shortly.
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Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Trademark Transfer in India
For the transfer of a trademark in India, the required documents include:
- Original Trademark Registration Certificate: This is the authentic certificate provided by the Trademark Registry, confirming the ownership of the trademark.
- Assignment Agreement: A legally binding document detailing the transfer of trademark ownership from the seller to the buyer, requiring signatures from both parties.
- Power of Attorney: A legally notarized document granting the appointed trademark attorney the authority to submit the transfer application on behalf of the parties involved.
- No Objection Certificate (NOC): An official statement from the seller indicating their consent for the trademark ownership transfer.
- Declaration Affidavit: A sworn statement by the buyer asserting the acquisition of the trademark through the assignment process.
- Proof of Identity: A government-issued identification document of the buyer, such as a PAN card or passport.
- Proof of Address: A document verifying the buyer’s address, like an Aadhaar card or a recent utility bill.
- Goodwill Certificate: Required when the trademark is being transferred wholly along with the trademark owner’s goodwill. It provides that the assignor has a right to all entitlements related to the qualitative value in a trademark and is transferring them to the assignee.
- Acceptance of Trademark Rights: A document provided by the assignee, highlighting the acceptance of trademark rights. This document is sometimes merged with the trademark assignment agreement.
- Merger/Amalgamation Document: In cases of merger or amalgamation, a scanned copy of the notarized business transfer agreement or any document that effects the merger or amalgamation.
- Affidavit of No-Pending Litigation: A scanned copy of the duly stamped and notarized affidavit mentioning the details of the transfer, the transferred trademarks, and attesting that there is no pending litigation and that the ownership of the trademark is not disputed.
These documents collectively ensure a legally compliant and smooth transition of trademark ownership from the assignor to the assignee, safeguarding the rights and interests of both parties involved in the transfer.
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Trademark Transfer FAQ’s
What is a Trademark Transfer?
A brand name move, otherwise called Brand name Task, is the lawful course of moving brand name freedoms starting with one substance then onto the next.
Brand name move is pivotal for securing and overseeing licensed innovation privileges, permitting organizations to use reserve actually and work with proprietorship changes.