Now transferring the ownership and proprietary rights of the trademark become easier. Apply for trademark assignment with LEGALDISHA.
Experience the our quality services at best challenging affordable rates with fastest processing.
Pay just Rs. 99 and remaining payment when documentation begins.
ASSIGNMENT OF TRADEMARK FILED BY LEGALDISHA
Trademark assignment filing
?Our highly experienced experts will draft and file the application for assignment for the trademark filed by LEGALDISHA.
Drafting and filing of assignment deed
?Our highly experienced experts will draft and file the assignment deed.
Free TM Consultation By expert
?Get free consultation from our highly experienced experts in regard to TM assignment.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
ASSIGNMENT OF TRADEMARK NOT FILED BY LEGALDISHA
Trademark assignment filing
?Our highly experienced experts will draft and file the application for assignment for the trademark not filed by LEGALDISHA.
Drafting and filing of assignment deed
?Our highly experienced experts will draft and file the assignment deed.
Fresh Form TM-48
?Before filing trademark assignment Power of Attorney (POA) or Form TM-48 is required to be executed in the name of trademark agent and duly stamped & notarized POA provided by applicant.
Filing of TM-M
?For the purpose of changing authorized trademark agent TM-M is filed.
Free TM Consultation By expert
?Get free consultation from our highly experienced experts in regard to TM assignment.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
1. Fill form with nominal payment.
2. Our experts will connect with you in regard to TM Assignment.
3. Payment of remaining amount.
4. Drafting & Filing of assignment deed and application.
5. Payment of challan and delivery of Acknowledgement slip.
Affidavit duly stamped & notarized by assignor.
Deed of assignment executed by assignor and assignee.
Trademark application number of which assignment to be done.
Self-attested Aadhar Card & Self Attested Pan Card of assignor and assignee.
Duly signed by the applicant.
Affidavit duly stamped & notarized by assignor.
Deed of assignment executed by assignor and assignee.
Trademark assignment is transfer of trademark ownership rights to any third person with goodwill or without goodwill. The assignor which is a transferring party transfers owners right, interest and tittle to the assignee which is receiving party and this is done for a consideration. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks.
An application for a trademark assignment made by the person becoming entitled of the trademark.
The next step is to file the TM-P form by furnishing all the duly certified copy of original document along with the assignment deed for Trademark assignment.
After successfully submitted of assignment application along with the necessary documents, the application shall be processed further.
The applicant has to make an advertisement for the assignment as directed by Registrar not later than the expiration of six months from the date on which the assignment is made. Also, submit the copy of the direction of Registrar along with advertisement of the assignment in the office of Registrar showing that his directions have been fulfilled.
On receipt of the trademark assignment application along with the documents and proper advertisement, Registrar will conduct proper verification of the application, Registrar will approve the application after satisfaction, then he will approve the application. Registrar will register the assignee as the owner of the trademark and enter the details of the assignment in the register.
It acts as a proof of ownership to the trademark of the assignee as every assignment is entered in the records of trademark registry.
Register a new brand name and making it popular takes more time than trademark assignment of an already registered brand.
Through Trademark Assignment assignor receive good amount for its brand name and the assignee shall enjoy the rights over the already known and established brand.
It reduces the cost of branding and marketing of trademark which is acquired through assignment.
Trademark Assignment is done to transfer the proprietary rights and ownership of the trademark by the owner to a third party also called assignor with or without the goodwill of the business.
Assignment deed like sale deed is a deed to transfer the trademark of the owner (assignor) to the assignee by executing an deed which is registered and updated with buyer‘s name in the records of trademark registry. Assignment deed outlines the terms and conditions between the assignor and assignee, Consideration of assignment, date of assignment, duties and rights of the assignor and assignee, mode of payment and other clauses as required by the parties.
The different types in which trademark can be assigned are-
Multiple applicant can jointly owned a trademark. but assignment of Trademark cannot be done if its exclusive rights vests with more than one person.
No, In case of an assignment of a trademark, change in the ownership of the registered brand takes place whereas in case of Transmission, the trademark right will be with the original owner and only a few restricted rights for the use of trademark are given to the other party.
Yes, After amendment in the act an unregistered trademark can also be assigned with or without goodwill.
Trademark Assignment without goodwill means when both the parties can use a similar trademark but for different products or services. Owner of trademark does not give right to the assignee to trade in the products in which he is doing.
Assignment with goodwill means when the owner allows the assignee with all the rights and royalties of the trademark related to all product or service.
Assignor is a person who is selling a trademark and assignee is the one to whom trademark is sold.
Trademark assignment is advantageous to both assignor and assignee. The assignor receives a good amount for its brand name and the assignee enjoy the benefit of already established brand in the market.
Yes, the trademark can be assigned before its registration during the examination of the trademark application.
BASIS OF DIFFERENCE | TRADEMARK | COPYRIGHT | DESIGN | PROVISIONAL PATENT | PERMANENT PATENT |
|---|---|---|---|---|---|
| PROTECTION | Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others. |
Creative or Intellectual It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc. |
Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols. |
Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement. |
Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
|
| PROTECTION VALIDITY | 10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years. |
Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author. |
10 Years Valid for 10 years
from the date of its registration. |
1 Year
|
20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed. |
| EXCLUSIVE RIGHTS OF OWNER | Brand w.r.t. Product
|
Distribution of Copies & Perform Work Publicly
|
Authority to Use, It gives authority to Use, sell, make, offer for sell, import the
registered design. |
Protection from copy of idea Protect from copy of the invention or infringement of Patent.
|
Authority to Use, Provide right to Use, sell, import, make with |
| APPLICANTS | Businesses Application made by business owners or
owners of product. |
Artists, Creative Artists, Author, Choreographers, Creative Professionals, Architect.
|
Designer Creator of design.
|
Inventor Many inventors/businesses who wish to patent their inventions even |
Inventor Application by Inventors and designers who invented any original invention or with improved function. |
| SYMBOLS ASSOCIATED | TM & ® TM – Registration
under process. ® – Registered Trademark. |
© © is the symbol of
copyright. |
NA No symbol to represent Design.
|
NA
|
NA No symbol represent
registered Patent. |
| EXAMPLE | Brand’ “Apple ”, Logos Puma, Dairy Milk, Coca Cola etc. are |
A Copyrighted Book Music, pictures, songs, |
Ornaments Packaging and shape, graphic symbols, |
Technology Inventions in |
Technology
|
| TIME TAKEN | 12-18 Months It takes 12-18 months to complete the process. |
4-8 Months It takes nearly 4-8 months to get a copyright.
(Without objection) Otherwise nearly 1-2 years. |
Prescribed As per the Design Act, 2000 and rules made there under. |
2-3 Years
|
2-3 Years
|
| TERRITORIAL REACH | Territorial Right Only effective in India and Separate
application has to file for protection in different countries. |
Most of Countries Available in most of the countries of the world.
|
Territorial Right Design protection is obtained by filing an
application in each country/region of interest. |
Territorial Right It is applicable within the territory of India and separate patents
application to be filed for each country. |
Territorial Right It is applicable within
the territory of India and separate patents application to be filed for each country. |
| GOVERNING BODY | CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
Copyright Office Governed by Copyright Office, Government of India.
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
