Introduction: Trademark Assignment Procedure

Trademark Assignment is the transfer of a trademark (registered or unregistered) and relative rights from an existing owner to the proposed owner by filing an application and submitting it along with an assignment deed to the trademark registrar.

The Trademark assignment procedure in India is guided under the trademark act, 1999. The trademark registrar allows the transfer of registered as well as unregistered trademark both.

The procedure of trademark assignment is as follows:

To transfer the trademark and relative right to some other party, the applicant needs to file and submit a form duly filled and signed.

To transfer a registered trademark, the applicant needs to fill form TM-P. This form TM-P must be submitted along with a duly certified copy of original document, instrument or deed, report the transfer the title in the trademark and a statement of case in support of his request.

The application shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trademark

The registrar, in case of any doubts on the presented documents, may call the applicant to prove the submitted documents before reaching any decision.

To transfer the unregistered trademark, the applicant needs to file a form TM-M. In case of an unregistered trademark, the application shall show the trademark and give particulars including user of the unregistered trademark that has been assigned.

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Government fees associated with Form TM-P needs to be submitted.

Trademark Registration Fees along with Form Tm-M charges needs to be submitted.

Once the application for transfer or trademark is submitted with the trademark registrar, the Registrar examines the application ordinarily within three month from the date of application and intimates the same to the applicant.

In case of doubts, the Registrar may call the person to be entitled for any evidence or further information. And as soon as he gets satisfied with regard to the various matters, he shall issue directions in writing with respect to the advertisement of the assignment.

Once the registrar issues the trademark assignment, the proposed owner in the application is considered the trademark owner from the date when the application of assignment was first filed with the trademark registry.

Yes, you may assign your unregistered trademark to some other party by filing a form TM-M and submitting it along with the necessary documents and assignment deed to the trademark registry of India. Post filing which, the trademark registrar takes 1-4 months’ time to declare it in the public journal.

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