Everything You Need to Know About Trademark Transfer in India

Trademark transfer refers to the process of transferring the ownership of a registered trademark from one person or entity to another. In India, the process of trademark transfer is regulated by the Trade Marks Act, of 1999, and the Trade Marks Rules, of 2017. In this blog, we will discuss the different aspects of trademark transfer in India. The owner of a trademark can transfer their ownership rights through assignment to another person or entity, either completely or partially. This can be done by executing a written agreement between the parties involved, which must be submitted to the Trademark Registry for record

Benefits of Trademark Transfer in India

Trademark transfer in India can provide several benefits to both the transferor and the transferee. Some of the key benefits of trademark transfer in India are as follows:

1. Transfer of Ownership: The most obvious benefit of trademark transfer is that it allows the transferor to transfer the ownership of the trademark to the transferee. This means that the transferee will have the legal rights to use, sell, license, or assign the trademark.
2. Avoidance of Legal Disputes: By transferring the trademark ownership, the transferor can avoid any potential legal disputes that may arise due to unauthorized use of the trademark.
3. Expansion of Business: Trademark transfer can be an effective tool for business expansion, especially for businesses that are looking to expand their operations in new markets or territories. By acquiring an existing trademark, the transferee can enter new markets with an established brand name and reputation.
4. Strengthening of Brand Value: Trademark transfer can help to strengthen the brand value of a business. By acquiring an established trademark, the transferee can capitalize on the existing goodwill and reputation of the brand.
5. Cost Savings: Trademark transfer can also help to save costs associated with brand creation, marketing, and advertising. By acquiring an existing trademark, the transferee can save on these costs and redirect resources toward other areas of the business.
6. Increased Revenue: By acquiring an established trademark, the transferee can increase its revenue by leveraging the existing customer base and brand reputation of the trademark.

Types of Trademark Transfer in India:

1. Complete transfer: This involves the transfer of the entire ownership rights of the trademark from the transferor to the transferee. In this case, the transferee becomes the new owner of the trademark.
2. Partial transfer: This involves the transfer of a part of the ownership rights of the trademark from the transferor to the transferee. In this case, the transferor and the transferee may share the ownership of the trademark.

Documents Required for trademark transfer in India

The following are typically required for trademark transfer Documents in India:

1. Original Trademark Certificate: The original trademark certificate issued by the Trademark Registry.
2. Deed of Assignment: A duly executed Deed of Assignment, which is a legal document that transfers the ownership of the trademark from the current owner to the new owner. This document must be signed by both the current owner and the new owner.
3. Power of Attorney: A Power of Attorney (PoA) authorizes the trademark attorney to file the trademark transfer application on behalf of the new owner. This document must be signed by the new owner and notarized.
4. No Objection Certificate: A No Objection Certificate (NOC) from the current owner, which declares that they have no objection to the transfer of ownership of the trademark.
5. Affidavit: An affidavit signed by the new owner, declaring that they have acquired the trademark by way of assignment and that they will use the trademark by the law.
6. Identity Proof: The identity proof of the new owner, such as a copy of their PAN card or passport.
7. Address Proof: The address proof of the new owner, such as a copy of their Aadhaar card or utility bill.

Procedure for Trademark Transfer in India:

The trademark transfer process in India involves the following steps:

1. Drafting of Assignment Deed: The first step in the transfer of a trademark is to draft an assignment deed. The assignment deed should contain details such as the name and address of the transferor and the transferee, the trademark details, the consideration paid for the transfer, and the date of transfer.
2. Filing of Trademark Transfer Application: Once the assignment deed is drafted and signed by both parties, the transferee must apply for trademark transfer with the Registrar of Trademarks. The application should be accompanied by the assignment deed and the prescribed fee.
3. Examination of Application: The Registrar will examine the application and the assignment deed to ensure that they comply with the provisions of the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. If any deficiencies are found, the Registrar will issue an objection notice.
4. Publication in Trademark Journal: If the Registrar is satisfied with the application and the assignment deed, the trademark transfer will be advertised in the Trademark Journal.
5. Opposition: If there are no objections to the transfer of the trademark within three months of the publication in the Trademark Journal, the Registrar will issue a certificate of transfer. However, if there is any opposition, the Registrar will hear the parties and pass an appropriate order.
6. Registration of Trademark Transfer: Once the trademark transfer is registered, the new owner of the trademark will be entitled to all the rights and benefits of the trademark.

Conclusion:

Trademark transfer is an important process that allows individuals and businesses to transfer the ownership of a trademark from one entity to another. The process of trademark transfer in India is regulated by the Trade Marks Act, 1999, and the Trade Marks Rules, 2017, and involves the drafting of an assignment deed, applying for transfer, examination of the application, publication in the Trademark Journal, opposition (if any), and registration of the trademark transfer. If you have any queries or require assistance with trademark transfer in India, it is recommended that you consult a qualified trademark attorney.