Trademark Assignment & Licensing
Transfer the mark, or license it, on the record.
A trademark can be sold, transferred with a business, or licensed. Whichever it is, the change has to be recorded with the registry in Form TM-P — an unrecorded assignment is valid between the parties but is not admissible as evidence of title in an infringement suit.
An assignment without the goodwill of the business is possible but must be advertised as directed by the registrar.
A licence should be recorded as a registered user, which is what allows the licensee's use to count as use by the proprietor in a non-use challenge.
What is included
- Assignment deed or licence agreement drafted
- Stamp duty computed
- TM-P recordal with the registry
- Register updated and confirmed
What we need from you
- Registration certificate for the mark
- Executed assignment deed or licence
- PAN and address of both parties
- Board resolutions, where a company is involved
Questions
Do I have to record a trademark assignment?
The assignment is valid between the parties without it, but until it is recorded the register still shows the old owner — and the new owner cannot rely on the registration as evidence of title in an infringement action.
Also in Trademark & IP
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Get started with Trademark Assignment & Licensing
Tell us a little about the business and a chartered accountant will call you back. You will get a firm quote before any work begins.
- A qualified accountant on the call, not a call centre
- A firm quote before any work begins
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