Expansion of business
In the case of licensing, the assignor’s business increases as more vendors join to contribute ...
Trademark Assignment
Liquidate the hard-earned brand value, through Trademark Assignment
Overview
What is Trademark Assignment?
Trademark is an intellectual property and like any other asset, the owner of a trademark has the right to sell, license or transfer the owned intellectual property. Such a transfer can be made through Trademark Assignment Agreement or through Licensing.
When a trademark is assigned, there is a change in the ownership of the registered brand. But when it’s licensed, the rights in the trademark continue to vest with the original owner but only a few restricted rights are given to the third party. This assignment can be made with or without transferring the business goodwill. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.
Benefits
Benefits of Assignment of Trademark in India
Pre-established brand name
The assignee has the advantage of dealing in an already existing and established a brand ...
Agreement is Valid Proof
In case of any trademark-related dispute, the legal rights of the assignee would easily be ...
Get your trademark’s value
Brand creation involves a lot of money, time and hard work. With the assignment of ...
Online Registration
Documents Required For Trademark Assignment In India
Types
Types Of Trademark Assignment In India
Assignment limited to goods & services
In this assignment, the transfer of ownership is restricted only ...
More DetailsAssignment without Good will
Also known as Gross Assignment, here the brand owner restricts ...
More DetailsProcess
Procedure To Assignment A Trademark
Frequently Asked Questions
Explore Trademark Assigment
Any individual who thinks his/her brand name or reputation of the company may be damaged in any way by the registration of a certain mark may choose to oppose such registration by filing the notice of opposition.
The notice of opposition can be filed within three months, extendable by one month (3+1) from the date on which the trademark was published in the Trade Marks Journal. If the notice of opposition is filed after three months but before the expiry of four months, then it must be accompanied by a request for an extension by one month, giving sufficient reasons for the delay in filing the opposition
In India, anyone can file for the Trademark Opposition. Usually, it is initiated by a person who is the owner of an earlier trademark or a mark that deals with similar goods/services; or that has a possibility of creating confusion or harm an existing mark can file an opposition, even if its own mark is not registered.
Through a common law of rights of passing off, one can file an opposition even if the Trademark application is pending or already in use if not registered. This law prevents any person from selling his goods/services as that of another and benefiting from it.
The next step is taken by the Registry. The registrar serves the copy to the opponent so that they can file a counter statement. This has to be filed within 2 months of the receipt of the notice of opposition. If it is not filed it is believed to be abandoned.
In a case where the notice of opposition is filed on the use of the mark, it is essential to show that the disputed mark or logo has become distinctive and is recognized that of the plaintiff�s goods and services. Hence, any mark that can cause confusion among the consumers cannot be registered as it would harm the already existing users� business.
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Gujarat-395010
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+91 63522 29631
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