Transfer of Trademark ownership
Transferring trademark ownership
Transferring trademark ownership in India refers to the process of transferring the legal rights and responsibilities associated with a trademark from one party to another. This can include transferring ownership of the trademark registration as well as the rights to use the trademark.
The transfer of trademark ownership can occur for a variety of reasons, such as a sale of a business, a merger or acquisition, or a change in the ownership structure of a company. In India, the process of transferring trademark ownership is governed by the Trade Marks Act, of 1999 and the Trade Marks Rules, of 2017.
The process of transferring trademark ownership involves executing an assignment agreement between the current owner (the assignor) and the new owner (the assignee). This agreement should clearly state the terms and conditions of the assignment, including the specific trademark being transferred and the consideration (if any) for the transfer. The assignment agreement must be filed with the Indian Trade Marks Registry (TMR) along with the required documents and fees. Once the TMR has approved the assignment, the details of the assignment will be published in the Trade Marks Journal, and the TMR will update the register to reflect the new ownership of the trademark.
Process of transferring trademark ownership in India
It’s important to note that the process of transferring trademark ownership in India can be complex and involves various legal and procedural requirements. It is highly recommended to seek legal advice from
the process of transferring trademark ownership in India would involve the following steps:
- Assignor and Assignee Agreement: The first step in transferring trademark ownership is to execute an assignment agreement between the current owner (the assignor) and the new owner (the assignee). This agreement should clearly state the terms and conditions of the assignment, including the specific trademark being transferred and the consideration (if any) for the transfer.
- Filing of Trademark Assignment Deed: The next step is to file the trademark assignment deed with the Indian Trade Marks Registry (TMR). The TMR will review the assignment agreement and the supporting documents to ensure that the assignment is valid.
- Publication in the Trademark Journal: Once the TMR has approved the assignment, the details of the assignment will be published in the Trade Marks Journal. This is done to give notice to the public of the change in ownership and to allow for any objections to be raised.
- Objection period: Any interested party has an opportunity of 30 days from the date of publication to file an opposition to the assignment. If no opposition is received, or the opposition is unsuccessful, the TMR will register the assignment.
- Update of the Register: After the registration of the assignment, the TMR will update the register to reflect the new ownership of the trademark. The assignee will then become the new registered owner of the trademark and will have all the rights and privileges of the trademark owner.
- Obtaining the new certificate of registration: The assignee will have to apply for a new certificate of registration in the name of the new owner.