Trademark is the sign which distinguishes goods and services from other, such signs include names, design, signatures, etc. Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement defines Trademark related laws from Article 15-21. The agreement provides 7 years of minimum protection for trademarks which is renewable before the prescribed time ends. Trademark Act, 1999, helps us connect with the issues and solutions. Assignment of trademarks takes place when there is a transfer of ‘ownership’ of the mark from one party to another with or without goodwill of the business. Trademark rights are transferrable through assignment agreements. It usually involves a one-time payment. . Such an agreement (often called an assignment deed) can be signed even if the trademark is unregistered In India.
Trademark Assignment is the transfer of an owner’s title, rights and interest in trademark or service mark. The assignor (transferring party) transfers property rights in mark to the assignee (receiving party). An assignment differs from a license, as license is only the grant of permission to use a mark, but it does not transfer any rights of ownership, and is associated with Technology Transfer Agreements (TTA). Such Assignments are important to occur as an excess of intellectual property can put a company in burden. Moreover, assignment of a trademark is also an essential part of its monetization. Trademark Assignment Agreements facilitate innovation and gain benefits of such future creations and is essentially a subset of Technology Transfer Agreements which essentially covers all assignment agreements related to the Intellectual Properties.
A trademark serves the purpose of identifying the source or the origin of goods. Trademark performs the following four functions:
1.It identifies the product and its origin.
2.It proposes to guarantee its quality.
3.It advertises the product. The trademark represents the product.
4.It creates an image of the product in the minds of the public particularly the consumers or the prospective consumers of such goods.
Passport photo of all parties.
PAN card of all parties.
Aadhar card of all parties.
Utility bill of Electricity or Telephone.
Valid Address Proof of all the parties.
Valid Driving Licence of all the parties.
Terms and Conditions
Terms and Conditions between the parties.
Other documents will be intimated through e-mail.
Trademark rights are transferrable through assignment agreements. When a trademark is assigned by an owner to another party, its ownership is conferred upon the other party. It usually involves a one-time payment. Such an agreement (often called an assignment deed) can be signed even if the trademark is unregistered.
Yes, Trademark assignment can transfer goodwill if the owner transfers his whole right.
Yes trademark assignment can be done to transfer the rights on specific goods.
Yes, such assignment also referred to as gross assignment, is where the owner of the brand restricts the right of the buyer and does not allow him to use such brand for the products being used by the original owner. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand, is not transferred to the buyer.
1.Death of a trademark owner
2.Sale of business
3.Change of owner of the business
4.Change in form of business
The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
International multilateral convention.
National bilateral treaty.
Decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts
Decision of Intellectual Property Appellate Board.
Text books written by academician and professional expert
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
trademark can be owned by: an individual, business organization or any legal entity.
Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Letters or numerals or any combination thereof.
The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Combination of colors or even a single color in combination with a word or device
Shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Sound marks when represented in conventional notation or described in words by being graphically represented.