What is the process of trademark transfer in India?
To assign Trademark to a third party, an agreement (often called an assignment deed) can be signed even if the trademark is unregistered; creative designers, for example, are often asked to assign ownership of the work to the entity that commissioned it. Registered trademarks can also be assigned, of course. In both cases, the assignee must apply to the Registrar within six months. For Registered Trademarks, for the purpose of the assignment, as per Rule 68 instrument, or at least a certified copy of the same, has to be submitted at the Trademarks Registry for inspection. The Registrar may require and retain an attested copy of any instrument produced for inspection in proof of title. As far as unregistered trademarks are concerned, section 39 states that an unregistered trademark may be assigned or transmitted with or without the goodwill of the business concerned. A request for the same must be done through Form TM-16 for an unregistered trademark to be assigned or transferred.
Visit HireCA.com Now