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Intellectual Property | Trademark Registration | Company Secretary | Trademark Agent | Facilitator for Trademarks | S K SINGH & ASSOCIATES

S K SINGH & ASSOCIATES was incorporated in 2012, by its Founder “Mr. Singh” is a Practicing Company Secretary, Since, 2010, also a Trademark Agent at ipindia for efiling of Trademark Registration in Kolkata, Trademark Registration In Kolkata, Trademark consultant, Trademark Registration in Kolkata, Trademark Registration in West Bengal, Trademark Registration in India, Trademark Online, Company Registration In Kolkata, Trademark Online, Trademark Renewal, Trademark Search, Trademark, Intellectual Property Registry, Trademark Registration, Register Trademark, Cs Firms in Kolkata, Trademark Status, trademark registration services, cs firm in kolkata, Trademark Symbol, Trademark Class, Public Search Trademark, Trademark Search India, Trademark Public Search, Trade Mark Registration In Kolkata, Trademark Registration Online, Trademark Class List, Trademark Application Status, Trademark Logo, goods & service tax, Trademark Login, Registered Trademark, Brand Registration, Brand Registration Online, Trade Name Brand Registration, Company Registration, Goods & Service Tax Registration, Company Registration, Trademark Application Status, Company Incorporation, Trademark Agent, Comprehensive e Filing Services for Trade Marks, Trademark Registration Kolkata, Public Search, e-Filing Services for Trade Marks, Trademark Application status, Trademark Search, Ca Firms In Kolkata, Filing and prosecuting Trademark applications, Trademark Registration Consultants, Top Cs Firms in Kolkata, Trademark Registration Near Me, Responding to office actions Handling, trademark search, Company Secretary, Ipr Firms In Kolkata, Direct and Indirect Tax Practitioner, ROC, GST, INCOME TAX, NCLT, MCA, Trademark Service Provider, Trade Mark Agent, Trade Mark Logo, Trade Mark Buy, Copyright, Trademark, Copyright Trademark, Trademark Copyright, Trademark Application, Mark Trade, TM Office, What is Trade Mark and Legal Services

Simple guide to Trademark Assignment in India

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Trademark is an intangible property, basically there are two types of property tangible and intangible. Example of Tangible property is  Land, Building etc, Example of  intangible property is  Trademark, copy right, Patent, Design, Trade secrets etc.

A trademark may be in the form of Symbol is a recognizable visual symbol, capable of being represented graphically with all the categories of mark includes an insignia, phrase, tagline, series of words, device, brand, heading, label, ticket, name, signature, word, letter, sound, 3D (3 Dimensional), numeral, shape of goods, packaging or combination of colours or any combination thereof used by a business owner's or entrepreneur's to distinguish its goods or services from other's similar goods or services.

The registered proprietor of the trademark can sell, license or transfer the owned intellectual property. Such a transfer of intellectual property can be in the form of Trademark Assignment Agreement or through Licensing.

When a trademark is assigned, there is a subsequent proprietor by way of assignment or transfer of mark. But when it’s licensed, all the rights are being exclusively vested with the original owner but only a few rights are licensed to the third party with certain conditions etc. Where as in case of assignment, assignment can be made with or without transferring the goodwill of business. In case of a registered Trademark, such trademark assignment agreement is required to be recorded with the Intellectual property registry.

Documents Required For Trademark Assignment Agreement India

  • Decide whether the Trademark Assignment is with or without goodwill
  • Certificate of Trademark Registration (if any) or Pending trademark applications, Domain names, email accounts, social media or website accounts, etc.
  • Details of assignor and assignee, Name and description
  • A trademark assignment need to be notarized, duly stamped and trademark assignment agreement should be as per the applicable Stamp Act, adequate stamp duty should be paid on the trademark assignment deed, which shall mandatorily mention the effective date; the full name and address of the assignor (transferor) and assignee (the subsequent transferee), the name with application number of the trademark along with their signatures; the consideration paid by the assignee to the assignor for the assignment; statement pertaining to whether the assignment is with goodwill or without goodwill of business along with the details of trademarks to be assigned, date and place of Execution.
  • A duly Singed, stamped and notarized Acknowledgement slip from the  assignor (transferor) for receipt of consideration from assignee (the subsequent transferee) for assignment of Trademark.
  • A duly stamped and notarized No Objection Certificate from (assignor) the original owner of the registered trademark
  • A duly stamped and notarized No Objection Certificate from (assignee)
  • In case of a company A duly stamped and notarized Board Resolution on company's letter head by the company approving trademark assignment agreement India. Also include a resolution to authorising a Director/any authorised representative to deal in Trademark Assignment matter.
  • In case of Registered Trademark, Form TM-P (subsequent proprietor by way of assignment or transfer of mark), Form TM-P is a Application for Post Registration changes in the trademarks under the Trade Marks Act, 1999. The online assignment filing government fees are Rs. 9,000 for each Registered Trademark, for Additional Trademarks, Additional government fees are Rs. 9,000 will be chargeable and for offline assignment filing government fees is Rs. 10,000 for each  Registered Trademark, for Additional government fees for Trademarks assignment filing, is Additional Rs. 10,000 will be chargeable. 
  • In case of Registered Trademark, Power of Attorney in the form of FORM TM-P  (in order to authorize a Trademark Agent to file the subsequent proprietor by way of assignment or transfer of mark request) The online charges are Rs. 900 for each  Registered Trademark, for Additional Trademarks, Additional Rs. 900 will be chargeable  and for offline it is Rs. 1,000 for each  Registered Trademark, for Additional Trademarks, Additional Rs. 1,000 will be chargeable. 
  • In case of Registered Trademark, Power of Attorney in the form of FORM TM-P  (in order to authorize a Trademark Agent to represent the assignee). Not required in case the assignee (the subsequent transferee) has him/her own Trademark Agent.
  • In case of Pending trademark applications Pending for Registration, Form TM-M (correction of clerical error or for amendment u/r 37), Form TM-M is a Application/Request for any miscellaneous function in respect of a Trademark Application /Opposition/Rectification under the Trade Marks Act. The online Form TM-M filing government fees are Rs. 900 for each Pending trademark applications Pending for Registration, for Additional Pending trademark applications Pending for Registration, Additional government fees are Rs. 900 will be chargeable and for offline Form TM-M filing government fees is Rs. 1,000 for each  Pending trademark applications Pending for Registration, for Additional government fees for filing Form TM-M, is Additional Rs. 1,000 will be chargeable.
  • In case of Pending trademark applications Pending for Registration, Form TM-M (correction of clerical error or for amendment u/r 37), Form TM-M is a Application/Request for any miscellaneous function in respect of a Trademark Application /Opposition/Rectification under the Trade Marks Act. Power of Attorney in the form of FORM TM-M  (in order to authorize a Trademark Agent to file the subsequent proprietor by way of assignment or transfer of mark request). The online charges are Rs. 900 for each  Pending trademark applications Pending for Registration, for Additional Pending trademark applications Pending for Registration, Additional Rs. 900 will be chargeable  and for offline it is Rs. 1,000 for each  Pending trademark applications Pending for Registration, for Additional Pending trademark applications Pending for Registration, Additional Rs. 1,000 will be chargeable. 
  • In case of Pending trademark applications Pending for Registration, Power of Attorney in the form of FORM TM-M  (in order to authorize a Trademark Agent to represent the assignee). Not required in case the assignee (the subsequent transferee) has him/her own Trademark Agent.
To Know more how to apply Trademark Assignment in India by Trademark Agent Kolkata West Bengal. Please contact with S K SINGH & ASSOCIATES or write to us at info@sksinghassociates.com
Media contact: S K SINGH & ASSOCIATES
Address: 4TH FLOOR ROOM NO: 4 P 36 GANESH CHANDRA AVENUE KOLKATA, WEST BENGAL 700013 INDIA

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