Trademarks are the marks that are used to distinguish the goods and services offered by enterprise to that of the other enterprise. Trademarks are of great economic value. Trademarks can be transferred by the party holding it who is known as the proprietor of the trademark, to another party. The transfer is known as Trademark Assignment.
Basically, Online Trademark Assignment in India refers to the process by which proprietor of a registered trademark is passed from one party to another party. This transfer could take place with or without goodwill. Assignment of trademarks is possible for those trademarks which are already registered. Unregistered trademarks cannot be assigned.
Original or duly certified copy of the instrument of title is a must for assignment of trademark, without which assignment cannot take place.
An application to register the title of a person who becomes entitled to a registered trademark by assignment shall be made in the prescribed form. The assignor and assignee can also make a joint request to register assignee as subsequent proprietor in the prescribed form. Application must contain full particulars of the instrument of title. If the assignment of the trademark is without the goodwill then the applicant should state that the trademark had been in business and the assignment was made otherwise than in connection with the goodwill of that business. In cases of assignments, where there is no goodwill, the assignee must advertisement the assignment of the trademark according to the directions of the Registrar within 6 months from the date on which assignment was made.
After duly filling the application form, the form must be filed at the Registrar of Trade Mark. If the form within 6 months from the date of acquisition of proprietor then the prescribed fees is Rs.5000. If the application is made after 6 months but before 12 months from the date of acquisition then the prescribed fess is Rs.7500. If the application is made after 12 months, then the prescribed fess is Rs.10000.
.In cases of Online Trademark Assignment in India, where there is no goodwill, the assignee must advertisement the assignment of the trademark according to the directions of the Registrar within 6 months from the date on which assignment was made. If there is goodwill, then the advertisement of assignment of the trademark need not be done by the assignee. If the Registrar consent is obtained on the application only then the Certification trademarks can be assigned until then no trademark certification can be assigned.
If the validity of the assignment of the trademark is challenged, then the Registrar cannot approve the application for assignment of trademark until and unless a competent Court decides upon the matter.
In order to avoid all the repercussions in assignment of trademarks, it is advisable to seek the assistance of a law firm which is an expert in the same. Company Vakil, being a leading firm in IP registrations, Assignments, Renewals, etc can actually render its services in smoothing the Procedure for Assignment of Trademark in India.