Transfer(sale) of Trademark
What is a Trademark Assignment?
In a layman’s language, a trademark assignment is a sale of a trademark. When the applicant sells their trademark to any other person in exchange for consideration is known as trademark assignment. Trademark assignment is a legal effect to the sale of a trademark. All the rights attached to the trademark are transferred to the buyer. One shall immediately inform the Trademark Ministry about the assignment. The Ministry will update the record if all the documents and application is satisfactory.
The trademark can be assigned at any time before registration or after registration. If it is transferred before registration then the buyer is responsible to follow the order and respond to the Ministry if required at any stage.
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Plans of Trademark Assignment
- Drafting of necessary documents
- Filing of TM Assignment under one class
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Required Documents for Trademark Assignment
Documents required for assignment of trademark
- Trademark Registration Certificate (if registered)
- Proof of identity of the assignor
- Proof of identity of the assignee
- NOC from the owner
- Collection of information and documents
- Drafting of documents
- Change of attorney (if required)
- Drafting of application
- Filing application with the Ministry
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Trademark can be assigned through the assignment deed and applying with the Trademark Ministry.
For trademark assignment the government fee will be Rs. 9000/-.
The filing of an application takes 4-5 working days. The transfer shall be completed subject to government processing time. The Ministry also issues one month’s notice to the owner to object if any.
No, the Ministry does not issue a new certificate; the online data will be updated on Trademark government portal.
Yes, the trademark can be assigned to any other person before it gets registered.
It depends on the terms and conditions of the trademark assignment. If you have transferred the trademark completely then you cannot use the brand. But if it is a partial assignment i.e. if you have retained some rights then you can use it accordingly.
The amount of consideration must be mutually decided by both parties. There is no minimum amount for the consideration for the assignment of the trademark.
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