For Assignment of Trademark in India
5 Days
This is the initial step where the parties involved in the assignment (assignor and assignee) negotiate and draft the agreement that will transfer the ownership of the trademark from one party to another. The agreement should clearly outline the terms of the assignment, including the trademark(s) being assigned, the consideration (payment) for the assignment, any warranties or representations made by the parties, and any other relevant terms.
Once the agreement has been drafted and agreed upon by both parties, the assignor (current owner of the trademark) and the assignee (new owner) sign the assignment agreement. This formalizes the transfer of ownership of the trademark from the assignor to the assignee.
Depending on the jurisdiction and the specific circumstances of the assignment, approval from relevant authorities may be required. This could include filing the assignment with the appropriate government agency responsible for trademark registration (such as the United States Patent and Trademark Office in the U.S.), and paying any necessary fees. Approval may also involve a review process by the trademark office to ensure that the assignment meets all legal requirements and does not conflict with existing trademarks or infringe upon the rights of others.
Formalizes the transfer of trademark ownership.
Evidence of the assignor’s ownership of the trademark.
Verify the identities of both parties.
Authenticate signatures if necessary.
Such as corporate documents if applicable.
Required in some jurisdictions.
An acknowledgement copy
along with govt fee challan
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My Trademark application status shows ‘objected’. What does it mean?
If the status of the trademark application is marked as ‘objected’ it means that your application is objected, and that the Trademark Examiner has raised a query on the validity/requirements of the trademark under the Trademarks Act. The objection will be detailed in the examination report, to which a reply is to be filed.
What is the difference between Objection and Opposition?
The main difference between Trademark Objection and Opposition is that Objection is raised at a preliminary stage of the trademark registration process. Such a registration is raised by the trademarks examiner. A trademark opposition is raised by any person who has an issue with your Trademark after it has been advertised in the Trademarks Journal
What is Trademark Examination?
Trademark Examination is conducted by the trademark examiner. It is a thorough preliminary check of Trademark Application (filed in TM-A Form). An objection can be raised by the examiner during the examination process. The examination report will cite all the conflicting marks/similar mark/grounds for refusal
A trademark examiner includes any officer in the Trademark Registry who has been given the duty of checking and examining trademark application to check if it complies with standards and guidelines of the Trademarks Act. The Trademarks and geographical indications registry recruitment rules govern the roles and duties of the trademarks registrars and examiners.
What is the procedure to check for trademark objection?
What should I do if my trademark application is objected?
How does the examiner examine the application?
The examiner carries a thorough scrutiny to check for clerical errors and legal errors disallowed under the Trademarks Act, 1999. The examiner will check:
There is no government fee for filing the reply to the examination report.
What is the deadline to file the reply?
The deadline to file trademark objection reply or Examination report Reply is thirty days from the date of issuance of the report to the applicant or thirty days of viewing the objection status online.
The Trademark examiners at Trademark registry issue the examination report.
What are the objections raised by the Examiner?
NICE classification is an international classification of goods and services for the purpose of trademark registration. There are 34 classes of goods and 11 classes of services.
How to choose the correct class for my trademark
For filing the trademark in India, you should know the appropriate class of trademark in which the goods and services covered. There is a total of 45 classes of the trademark to choose for your trademark. First 34 classes (1-34) cover goods and rest 11 classes (35-45) cover services.
What is the need to perform a Trademark Search?
The intelligent TM Search will help you to determine the mark you want to register for product or services is legally available or already used by another business to ensure not to infringe someone else’s property rights. find the identical mark in the same class would restrain your mark to get registered.
Do I need to know a trademark class to perform a Trademark Search?
To perform a free trademark search before filing the trademark application you need to know the trademark classes as per the NICE classifications; international classification of goods and services. The trademark search contains the filters to find out a similar trademark in a similar class in order to eliminate the conflicts.
Is it mandatory to hire an attorney for Trademark Search?
Although it is not mandatory to hire an attorney for conducting a free trademark search before filing it’s advisable to seek professional help to handle the trademark search. You will get the list of the marks similar to the proposed mark along with the attorney’s legal opinion regarding the trademark registration possibilities.
What is preliminary Trademark Search?
A preliminary trademark search also known as knock-out search is an initial step in the trademark registration process before spending time and money for a mark. Generally, it involves the search through the trademark database either at ipindia (the government site) or quick company’s trademark data search service. It’s a quick search to determine the identical trademarks which are already registered for any products or services that are similar to yours.
However, a preliminary trademark search doesn’t ensure the registration of the proposed mark. It only shows the obvious possibilities of conflicts with identical marks.
We leverage Technology to better file Trademarks
Submit all your documents online
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We track your application and guide you for the complete process
