A trademark is an intellectual belongings that provides various benefits to any business. In this article, we will discuss the entire process of assignment of a trademark and the necessary documents required for it, but before then, let us know what exactly a trademark is.
What is a Trademark?
A trademark is "a word, phrase, symbol, brand name or design that recognizes your goods and services" and differentiates your brand from your competitors. A trademark is used for goods, whereas a service mark is used for services. A trademark provides you with the exclusive right to use your brand and prevents competitors from using a similar brand name.
Simply using your business name, logo, or slogan provides some level of trademark protection, although these "common law" trademarks are challenging to enforce and enforce only in your immediate locale. You can get nationwide trademark protection by trademark registration online in your state. But the most substantial and most extensive trademark comes from registering your trademark.
The process of trademark registration online is given below, along with the list of required documents for trademark registration online-
Procedure for trademark registration online-
Step 1: Come up with a unique, catchy, engaging, and trendy brand name for your business. The Internet can be used to find a perfect unique name for your brand.
Step 2: Start preparing your trademark application by collecting the necessary documents for trademark registration. You have to file for trademark registration online along with the following copy-
- Proof of business registration as per your registered business, like sole proprietorship and other business forms.
- ID proof and address proof of the company’s directors
- ID proof, PAN card, Aadhar card of the proprietor in case of a sole proprietorship
- A soft copy of the trademark
- The proof of claim of the proposed trademark can be used in another country.
- Power of attorney signed by the applicant
These are the documents for trademark registration online that needs to be submitted along with your application.
Step 3: Apply for your trademark registration. You can use either file offline or online. For offline or manual filing, you need to physically go to the registrar’s office of trademark registration, hand over all the documents, and wait for the acknowledgement slip for at least 15 to 20 days. Whereas you can easily file online through the e-filing government website and instantly receive your acknowledgment and start using your trademark after your brand name.
Step 4: Examination of your application by the registrar of trademarks. They will check your application for compliance with the existing law and guidelines and check whether your trademark is similar or identical to any current or in-process trademark.
Step 5: Once your application passes the examination, it gets eligible to publish in the trademark journal by the trademark registrar. If there is no opposition within 90 days of the publication date, only then will the registrar issue you the trademark registration certificate.
Step 6: If a third-party objects within three months of the trademark being published in the trademark journal, the trademark registrar will provide you with a duplicate of the notice of objection. You have to revert to the complaint by filing a counter-statement within months. If you do not file a counterclaim within two months, the trademark application will be considered abandoned and rejected.
Step 7: This step will not apply to you unless there is a trademark objection. However, suppose a third-party objects to your trademark, and you send your counter statement within two months. In that case, the trademark registrar will send a copy of your counter statement to the third party opposing the trademark registration.
Step 8: The registrar will accept your trademark application if no objection is raised within 90 days or after the acceptance of your trademark application after hearing complaints about the trademark. This will be a great moment for you as the registrar will issue a registration certificate and the trademark register seal.
Now that we know all about trademark registration online, let’s talk about the assignment of trademark.
What is a trademark assignment?
Trademark owners can transfer trademarks like they can transfer physical properties. You can transfer a trademark with the help of an assignment. The assignment here means transferring rights, interests, titles, and benefits from one person to another. Trademark assignment means transferring the ownership right to the trademark to another person.
The transferring party is called the transferor, and the receiving party is called the assignee. According to Section 2 (1) (b)Trade Marks Act of 1999, assignment means the written assignment of trademark by an act of the parties involved. Both unregistered and registered trademarks may be transferred with or without the business’s goodwill. Trade Marks Act, 1999 Section 37states that only the trademark owner has the power of trademark assignment.
Types of trademark assignment-
- Complete assignment
- Partial assignment
- Assignment along with goodwill
- The assignment without goodwill
The process of assignment of a trademark in India is as follows-
The trademark owner (assignment) assigns his rights to the trademark to the transferee through a trademark assignment agreement.
The assignee or assignee may file a joint application for registration of the transfer by filing a trademark transfer application on Form TM-P with the Trademark Register.
Form TM-P should be filed with the trademark registrar within 6 months of the date of assignment. An application can be submitted after six months of entry, but the charges may vary accordingly.
The assignment should be advertised in such a way and within the period specified by the Registrar of Trademarks.
A copy of the advertisement and the registrar's instructions should be submitted to the Registrar of Trade Marks office.
Upon receipt of the trademark transfer application (TM-P form) and the required documents, the trademark registrar will register the trademark owner and enter the transfer specifications in the register.
Documents required for trademark assignment-
Trademark assignment agreement.
Trademark certificate.
NOC from the assignor.
Identification documents of the assignor and assignee
Lawgical India is a leading legal service provider with various registration services. Lawgical India can help you with your trademark assignment process. They have a team of expert professionals who will complete your strategy in a few days at a very reasonable rate. If you are looking to assign your trademark, then Lawgical India is the right place for you to go.
