How do I transfer trademark application?
(I) Trademark Assignment
- Create a trademark assignment application, including the request for the transfer of trademark rights.
- File the prepared application before the registrar.
- Obtain the Registrar’s Permission.
- Understand the registrar’s directions and according to them, advertise the assignment.
How do I change the owner of a trademark?
There is a provision for alteration or change in trademark under the requirements of Section 59 complemented by rule 98. A version of how the trademark would look like when changed or modified or altered should be made on five copies and submitted along with application by proprietor on form TM-38.
Can we transfer trademark?
Trademarks like any other asset can be transferred from one proprietor to another. The transfer could be temporary through licensing or permanent thorough an assignment. A registered mark, or a mark for which an application to register has been filed is assignable/ transferable.
Can trademark be licensed?
Trademark licensing is the process wherein a registered proprietor of a trademark authorises a third party to use the mark in the course of trade without transferring the ownership of the mark. For example, the proprietor may license a trademark to be used for only particular goods and services.
Do trademark assignments need to be notarized?
Typically only the party assigning the intellectual property must sign the assignment, and while notarization is strongly preferred it is not strictly required. Once as assignment has been executed, it should be recorded.
What is TM P in trademark?
FORM TM-P The Trade Marks Act, 1999 Application for Post registration changes in the trademarks.
Can IPR be sold?
The concept of trading in intellectual property rights (IPRs) and leveraging arbitrage opportunities in them is slowly gaining currency in India. IPRs can be bought, sold and licensed, and contributed as capital in a joint venture or offered to strike a strategic alliance.
What are the 6 different ways of licensing trademarks?
Types of Trade Licenses
- Exclusive License: The licensee gains sole commercial rights to the trademark.
- Sole license: The licensee and licensor can use the trademark.
- Non-exclusive license: The licensee, licensor, and any outside individuals the licensor also assigns a license to can use the trademark.
What is a trademark registration and how does it work?
By registering the name of the assignee in the legal record, the registrar ensures that now the assignee can use the assigned trademark rightfully. It allows the transfer of a trademark while imposing some restrictions that prevent the licensee (new owner) from owing full ownership over the rights of the licensor (original owner).
What is tradtrademark assignment?
Trademark Assignment is a way to legally transfer the trademark rights of the assignor (original owner) to the assignee (person or company interested in obtaining the rights). In legal terms, it refers to the legal transfer of proprietary rights over products and services.
What are the benefits of licensing a trademark?
Although the concept of licensing appears a bit restrictive, it is beneficial for both licensor and licensee. It helps the former to expand his market and upsurge the number of consumers whereas the later to enjoy the royalties obtained with the trademark.