Trademarks assignment
panchajanya borthakur
(Querist) 13 August 2012
This query is : Resolved
Can we assign a registered Trademark to a Third Party without taking any consideration ?? Is consideration is mandatory for a Trademarks Assignement Deed??
Trivedi Advocate
(Expert) 14 August 2012
Dear Panchajanya,
Ofcourse you can be assign a registered trademak to a third party;
An assignment of a trademark must be in writing and with the consent of the Registrar under the Trademarks Act, 1999. A registered/unregistered proprietor can assign a trademark with or without goodwill. An assignment is usually required to be made for a consideration. The application, which is in a prescribed format, can be submitted by either the Assignee or together with the Assignor, before the Registrar of Trademarks for registering the title of a person who becomes entitled by assignment to a registered trademark. The Assignee, after the assignment is complete, must apply to the Registrar of Trademarks to register his/her title and the Registrar enters the name and details of the Assignee in the Register on proof of title, to his satisfaction. However, under certain circumstances an assignment cannot be enforced, namely (a) if an assignment will create multiple exclusive rights in more than one person; (b) if an assignment will create multiple exclusive rights in different parts of India.
Regards,
