Template Description

This template is a comprehensive legal document designed for the assignment of ownership rights of a registered trademark from one party (the assignor) to another (the assignee). This 2-page MS Word template is customizable to fit specific needs and is applicable across various jurisdictions in India. It is particularly useful for businesses, trademark holders, legal professionals, and stakeholders involved in intellectual property transactions.

Understanding the Assignment of a Registered Trade Mark

Key Elements:

Stamp Paper:

• The assignment must be executed on non-judicial stamp paper of appropriate value as per the regulations of the respective state where the agreement is executed.

Parties Involved:

•  Assignor: The original owner of the registered trademark transferring the rights.
• Assignee: The individual or entity receiving the trademark rights.

Trademark Details:

• Trademark Description: Includes details of the goods or services associated with the trademark.
• Registration Number: The official registration number and the date of the trademark.

Consideration:

• Payment: The monetary value agreed upon for the transfer of trademark rights.
•  Acknowledgment: The assignor acknowledges the receipt of the payment from the assignee.

Covenants and Warranties:

• The assignor assures that the trademark is unencumbered, has not been previously assigned, and guarantees non-infringement.
• The assignor commits to assist in any further actions required to perfect the assignment.

Signatures and Witnesses:

• The document requires the signatures of the assignor, assignee, and two witnesses to validate the transfer.

PROCEDURE FOR ASSIGNMENT OF A REGISTERED TRADEMARK

Drafting the Assignment:

• Clearly identify the assignor and assignee.
• Include trademark details and specify the consideration.
• Ensure the assignor confirms the trademark is free of encumbrances.

Execution of the Agreement:

• Execute the agreement on the appropriate stamp paper.
• Obtain the signatures of all parties involved, including witnesses.

Filing with the Trade Marks Registry:

The assignee must file an application for registration of the assignment with the Trade Marks Registry within six months of the agreement's execution, submitting necessary forms and documents.

Registration of the Assignment:

The Trade Marks Registry verifies and records the assignment in the Register of Trade Marks, making it legally effective and enforceable against third parties upon registration.

Notification of Registration:

The Trade Marks Registry issues a notification confirming the registration, serving as proof of the legal transfer of trademark rights.

Compliance with Trade Marks Act:

Ensure the assignment agreement meets all terms and procedural requirements as per the Trade Marks Act, 1999.

Post-Registration Actions:

Keep a record of the registered agreement and take necessary steps for any future transactions related to the trademark.

Conclusion

This template is an essential tool for ensuring all legal requirements are met during the assignment of a registered trademark. It safeguards the interests of both the assignor and assignee, ensuring a smooth and compliant transfer of ownership, and provides a clear, legally enforceable record of the transaction.