Significance of Notarisation of Trademark Assignment – An Overview

Notarisation of Trademark Assignment
Karan Singh
| Updated: Jun 25, 2021 | Category: Trademark

If you own a company or a business, you must know about the Trademark and what is the importance of Trademark. However, do you know what the significance of Notarisation of a Trademark is? Trademark is an Intellectual Property (IP) of any institutes & business any design, words, or expressions that are exclusive to the business and makes it identifiable to the business. The Trademark is listed by the business firms, and the rights to use the marks lies with the business. Trademark Assignment makes any documents responsible and reliable.

Trademark and Trademark Assignment – Meaning

Trademark

It works as a formal business logo, title, or authority term that includes both your business logo and name. Primarily, the Trademark aids the customers in distinguishing the products and services of a company. Additionally, it also defends the products or services of the company from copying or misusing. Hence, Trademarks work as protectors of intellectual property.

Trademark Assignment

As we know Trademark is a type of Intellectual Property, they can be licensed, traded, or transmitted the way assets are done. Such transferring or sharing of Trademarks occurs via a Trademark Licensing or Assignment. There are many differences in ownership of the brand when the Trademark is selected.

Though, when Trademark is licensed, only a few rights are handed down to 3rd party to whom the Trademark is assigned. Most of the rights always stay with the purchaser. It can be done with or without transferring the goodwill. If the Trademark is registered, then the handover must be recorded in the Trademark Register.

Advantages of Trademark Assignment

Following are the advantages of Trademark Assignment:

  • Helps the owner of a brand in unlocking the actual value of the brand name or Trademark;
  • Aids the assignee in the utilisation of the brand value of the products or services, rather than building a value for a new brand;
  • Assists as valid proof in the case of any lawful argument concerning the Trademark.

An Overview of Notarisation of Trademark Assignment

The assignment of Trademark must be duly notarised and written on a stamp paper or stamped for the correct value and denomination. The Notarisation is mandatory if the assignee wants to get Trademark Registration in an overseas nation. For instance, if the candidate exists abroad, they are required to notarise the same in the nation of residency or in the nation of Trademark execution. While doing so, care should be taken to see that if the allocated Trademark is stamped in India.

Moreover, this move is taken to prove that there is no pending litigation in the nation of origin. During handover, the assignor must submit an affidavit that is notarised referring that the Trademark is actually in their possession. This is the ground for Notarisation of Trademark Assignment in India.

What are the Necessities of Notarisation of Trademark Assignment?

Following are some vital necessities for Notarisation of Trademark Assignment:

  • Observers and Signatories;
  • POA (Power of Attorney);
  • Legalisation & Notarisation;
  • Execution Necessities;
  • Execution address & time;
  •  Business Goodwill;
  • Pending Trademark Application;
  • International Registrations & Applications;
  • Domain names registered email Ids and social media accounts;
  • Associated Registrations & Applications;
  • Issued Trademark Registration;
  • Names of related individuals, both dead & living;

Essential Documents Required for Trademark Assignment?

Following are some vital documents required for notarised Trademark Assignment:

  1. Trademark Registration Certificate;
  2. NOC (No Objection Certificate[1]) from the actual owner;
  3. Both the assignor and assignee’s name & details.

Documents for Notarisation of Trademark Registration:

  • Self-attested Form-48;
  • Identity Proof of owner;
  • Logo copy;
  • Address proof of the owner.

Different Elements of Trademark Assignment for Notarisation

  • Warranties concerning proprietorship of the Trademark;
  • The effective transfer date;
  • Details & name of the assignor;
  • Details & name of the assignee;
  • A Trademark transformation;
  • Consideration/remuneration paid for the Trademark;
  • Notary public for the Trademark Notarisation;
  • Signatures of both the assignee & assignor.

Procedure for the Notarisation of Trademark Assignment

Following is the procedure of the Notarisation of Trademark Assignment:

  1. The assignee must apply for Trademark Assignment in a selected way;
  2. The assignee/assignor must issue the Form TM-P either separately or through a joint request;
  3. Form TM-P will aid to make the assignee a subsequent Trademark owner;
  4. Six months from the ownership date, apply with the Trademark Registrar for the Trademark Assignment;
  5. While the Form can be filed & submitted later, the suggested fees must be duly paid;
  6. For the assignment of particular Trademarks, the guidelines must be applicable before six months from the assignment date;
  7. The assignee should then promote the assignment of Trademark;
  8. Send an application copy with the advertisement copy to the Register Office;
  9. After inspection, the Trademark Registrar will make the assignee owner of the Trademark;
  10. Then the Trademark will record the assignment necessity.

Conclusion

The assignment of Trademark must be duly notarised and written on a stamp paper or stamped for the correct value and denomination. The Notarisation is mandatory if the assignee wants to get Trademark Registration in an overseas country. The reason for the Notarisation of assignment in India is to prove that there is no pending litigation in the nation of origin.

Read our article:Attributes of a Good Trademark – An Overview

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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