Can a trademark be transferred?
Like any other property/ asset, the owner of the trademark (i.e., the assignor) has the right to sell, license, or transfer the same. The transfer of trademark is possible through the Trademark Assignment Agreement or Trademark Licensing.
How do you transfer a trademark name?
The steps for the recording of a change of ownership of a trademark are as follows:
- You or the owner of the trademark need to file the request to record the assignment with the Trademarks Office to notify them of the transfer.
- The request must be accompanied by any necessary proof of title documents.
Can a trademark contain another trademark?
Speaking in general, the possible use of a trademarked word in your trademark depends on many factors: It’s less likely that a strong trademark will allow a similar trademark to coexist even for different services or products.
Is trademark transferable in India?
The transmission or assignment of the trademark can be done with or without transferring the goodwill of the business. For example, Tata taking over the trademark of Jaguar’s business in India. The assignment can also be done for either some or all of the goods or services for which the trademark has been assigned.
Can a trademark have two owners?
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.
Do trademarks expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
Can trademark be transferred in India?
What is a valid type of transfer of trademark?
To carry on a genuine and valid trademark assignment, a Trademark Assignment Agreement is executed between both the parties that includes the assignor and the assignee. Such legal agreement acts as a valid proof and is admissible as an evidence in court, in case any dispute arises between both the parties.
How do I transfer my trademark to a new business?
If you registered your trademark in your name personally (example: Sawyer, Tom INDIVIDUAL) and you intend for your new business to own the trademark, then you need to transfer the trademark and the trademark registration through a formal Assignment of Rights.
Is a trademark assignment the same as a transfer?
A trademark assignment is not the same as a standard asset transfer. A trademark is not treated the same as, say, a lease in an office building. You are not merely transferring the right to use a name when you transfer a trademark, but you are transferring the underlying goodwill that the trademark represents to a business.
When does the transferee become the owner of the trade mark?
The day after the Registrar records the assignment, the transferee becomes the owner of the trade mark. The process to transfer unregistered trade marks is much the same as that for transferring registered trade marks.
Why did I change my name after filing my trademark application?
This could happen while your trademark application is being examined or after your trademark has registered. Here are examples of common reasons: I’ve sold my business and need to transfer ownership of the trademark. I got married just after I filed my application and my last name changed.