A trade mark assignment occurs when a business is purchased or when a group of companies undergoes a restructuring. In this process, the rights, title, and interest in the trade mark are transferred to the new legal owner, either completely or partially
Engaging in the sale and assignment of intellectual property can be a complex task, and therefore, we advise against attempting it independently. At tmguru, our team is here to assist you by skillfully navigating the negotiation process of your assignment agreement. Our goal is to ensure that the agreement aligns with your desired objectives and delivers the desired outcome.
One common question that often arises is whether an unregistered trademark can be assigned. This query arises because the Trademark Act or Rules do not explicitly outline a specific procedure for such cases. The answer to this question is yes, it is possible to assign a trademark before it is registered. However, in order for the assignment to be recognized by the registrar, an application must be filed along with the necessary documents, including an affidavit and a properly stamped assignment deed. Failing to provide these required elements may result in the assignment not being accepted or recorded by the registrar.
To assign a registered trademark, it is necessary to have a written assignment or transmission deed, which means that oral agreements are not sufficient for this purpose. In order to execute assignment deed it is required
After the Deed of Assignment has been duly executed by the parties involved, it needs to be submitted to the Registrar of Trademarks in order for it to take effect. Upon filing the application for assignment, the Registrar of Trademark will notify the Assigner regarding the assignment and provide a 30-day window for any potential objections to be raised. If no objections are received within this period, the Registrar will proceed to change the name of the trademark's proprietor and officially record all the relevant documents.