As trademark registration is completed intellectual property rights are created in favor of the applicant. The owners of a Trademark have the right to use it for their own purpose or they can also assign it to any other party and charge royalty fees on the same. Trademark assignment can be various types like complete assignments with transfer of all the rights, partial assignments, assignment with goodwill or assignment without goodwill.
In this article we will discuss about the procedure of Trademark assignment that can be done after successful trademark registration. Once you decide for assignment of trademark it is required to register such trademark assignment with the registrar of trademarks.
Following steps are required to be followed for Trademark assignment:
- Application for assignment of trademark is required to be submitted either by the assignor or the assignee. However, both of them can also make a joint application for registration of such trademark assignment.
- This application for trademark registration assignment is to be submitted within six months from the effective date of trademark assignment. For any further delay late fee charges are applicable.
- On the direction of registrar of trademarks the applicant is required to publish an advertisement of such assignment in the manner prescribed.
- A copy of instrument of assignment along with a copy of the published advertisement shall be submitted to the registrar of trademark.
- After proper verification of the application and all the documents if the registrar is satisfied then it will register such trademark assignment in its record. For more details: click here
