A brief about Procedure for Assignment of Trademark in India and Online Trademark Renewal in India

by admin | October 25, 2018 1:40 pm

Trademarks are used to identify and distinguish the goods and services of one company from that of the other company. Though the trademark does not mention quality and quantity, eventually the trademark may become a symbol of the good or bad quality of products or services produced by the company. Trademarks are also useful in advertising the goods and services produced by the company in an effective manner.

After the registration of a trademark, if the proprietor of the registered trademark wishes to assign the registered trademark upon another party then the proprietor has all the right to do so. However, the registered trademark is valid for a period of 10 years. After the lapse of 10 years, the trademark registration is supposed to be renewed accordingly.

Procedure for Assignment of Trademark in India[1]

Procedure for Assignment of Trademark in India refers to the process by which the proprietorship of a registered trademark is transferred from one party to another party. The right of the proprietor to transfer the registered trademark to another party is recognized by the Trade Marks Act, 1999 and the Rule framed accordingly. The transfer can take place with or without the goodwill of the business.

Only the registered proprietor of subsisting trademarks can assign his/her trademark to the subsequent user. The person who is willing to take the assignment should apply for registration of the assignment in the prescribed manner. The assignment can only be done with the consent of the Registrar of the Trade Marks.

However, the Act imposes certain restrictions on the assignment of the trademark where multiple exclusive rights would be created in more than one person, to prevent splitting of right on a territorial basis and creating right indifferent persons in different parts of the country, etc. The assignment of the trademark may be rejected if the above-mentioned restrictions are not adhered to.

Online Trademark Renewal in India

Trademark is valid for a period of 10 years, from the date of registration. For continuation of the trademark, it should be renewed from time to time, in accordance with the provisions of the Trade Mark Act, 1999 and the Rule.

The office will send a prior notice to the registered proprietor of the trademark intimating the approach of the expiry date of the registration of the trademark. This notice is electronically generated from the Trade Mark Automation System (TMAS) and the same is despatched at least a month before the expiry.

An application for renewal of the registration of the trademark should be made on the prescribed form and be submitted at the appropriate office or Head Office of the Trade Mark Registry at any time not more than 6 months before the expiration of last renewal of the trademark.

There are restrictions on the number of times of renewal. The proprietor of the registered trademark may renewal the trademark at any number of times, from time to time.

For smooth assignment of trademark and renewal of trademark, without any hindrance, the help of a law firm like Company Vakil[2], a law firm which specializes in IP registration, can be sought.

Endnotes:
  1. Procedure for Assignment of Trademark in India: https://www.companyvakil.com/trademark-renewal-and-assignment
  2. Company Vakil: https://www.companyvakil.com/

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