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Trademark Assignment

what is Trademark Assignment?

Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks..

What is Procedure for assignment ?

Assignment of the unregistered mark:-

Section 39 stipulates that unregistered trade mark could also be allotted or transmitted with or while not the goodwill of the business involved. An invitation has got to be created on type TM-16 for an unregistered trademark to be allotted or transferred.

Assignment of a registered trademark:-

Section 38 stipulates that trade Marks are often either allotted fully or transmitted partly, with or while not the goodwill of the business. All transmissions or assignments should be registered with the Registrar of Trade Marks on type twenty-three or twenty-four of the Trade Marks. (Rule sixty-eight of the logos rule, 2002).