Trademarks play the most crucial role in establishing the Brand Identity of a business. So, it is a must to go for trademark registration online if you plan for the long run. However, sometimes the mark you want or need or are using without registration may already be registered by someone else. Interestingly, the assignment and transmission of trademark is the solution for this problem.
ASSIGNMENT OF TRADEMARK IN INDIA
An assignment of a trademark is a document that transfers the recognizing word, symbol, and owner from assignor to assignee.
Types of Assignment of Trademark
- Assignment of trademark concerning only some services or products
In this, the assignment of trademark limits for specific goods and services.
- Assignment with goodwill
In this, the assignment includes absolute ownership also the rights and duties associated with the product.
- An assignment without goodwill
An assignment that does not constitute goodwill is known as a gross assignment. It refers to restrictions of rights of the buyer whereby it limits the new owner of using the brand on products that the original owner is already.
Advantages of Assignment of Trademark
Unlock value: It helps unlock the actual brand value and helps the assignee to get renown.
Proof validity: If any dispute takes place; which relates to the trademark, the deed of the assignment will be valid proof for any legal rights.
TRANSMISSION OF TRADEMARK IN INDIA
Transmission of trademark is wherein the mark in authorization to the third party is given to use in the course of trade. However, the transferring party does not pass the ownership of the trademark.
Advantages of Transmission of a Trademark
Both the licensee and the licensor enjoys the perks or benefits of transmission of trademark.
Licensee: Licensee gets an opportunity to widen his market chain operations by using the trademark (its goodwill, reputation, and brand value).
Licensor: The licensor savours his rights through royalties generated through the transfer of trademark. In fact, without even passing the ownership or through transmission.
REQUISITES OF TRADEMARK TRANSMISSION AGREEMENT AND CONDITIONS FOR CANCELLATION OF TRADEMARK TRANSMISSION:
- The agreement shall implement quality checks and controls on the goods and services. Because of this, the quality of the trademark will not tarnish or destroy.
- The necessary clause is to be present.
- The territory for which the grant of license is complete.
- The term of the license.
- Consideration for the grant.
- Termination clause.
- Indemnification clause.
Conditions of Cancellation:
- When the party breaches the terms of the agreement.
- When the usage of a trademark is for some other purpose.
- If confusion is being created in the minds of people.
- When the party does not disclose the material facts about the mark.
- If the trademark is used for fraud.
Difference between assignment and transmission of trademark:
- The main difference between assignment and transmission is that the ownership in an assignment, either absolute or not absolute, transfers to the party.
- Whereas in the case of transmission, the ownership is not transferable. However, only the trademark passes to the party.
- The second difference between both is that assignments can only be in writing.
- On the other hand, the transmission of trademarks can be both orally and in writing.
- The assignment of trademark costs more rather than transmission because the assignee grants full ownership of the property.
Every national trademark registration has an end at that particular country’s boundary, therefore for International Trademark Registration Online in India; you have to file for separate trademark registration under multiple countries.Benefits of International Trademark RegistrationLegal ProtectionInternational Trademark registration helps you in protecting your trademark legally, as you'll sue someone for any infringement doubt.
Hence it's always important that before choosing the legal thanks to battle against infringement, register your mark whether it's a word, phrases or slogan, or logo.Business OpportunityTrademark acts as an intangible asset and paves a good path for the growth of your business or brand.
Successful trademark registration provides your business with a chance to realize more profit and fame like brands like Adidas or McDonald’s have gained extra money through licensing and franchising agreements.Unique IdentityThe registered brand or product gets global recognition through international trademark registration.Beneficial For Online Business OperatorsInternational Trademark Registration plays a vital role in the growth and development of the online or e-commerce business.
If you own a trading business via online then somehow it leads your business in the right way as it is available to international consumers all around the world.Changes and RenewalThe validity of the International Trademark Registration process is about 10-years from the date of filing.
In case any infringement happens while importing or export, then you have all right to take legal action on such infringement.Requirements for Obtaining International Trademark RegistrationThere are three main requirements for obtaining a world trademark registration in India:The applicant should be a national of India or domiciled in India or have a real and effective business or commercial establishment in India.The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry.
The international application will have an equivalent trademark as mentioned within the national trademark application or registration; The list of products and services mentioned within the international application should also be identified with the national mark.The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.Procedure for Filing International TM ApplicationInternational application in each foreign country To file a world application under Madrid protocol through India the applicant must be an Indian national or domiciled in India or the applicant has a real or effective business or commercial established in India.
