Trademarks

What Is the Difference Between Assignment and Transmission of a Trademark?

Did you know that one can transfer a trademark and even assign it? Is transmission of trademark and assignment one and the same or different? What is the difference between assignment and transmission of the trademark? Let us understand it in a better way in this article.

Trademarks are forms of intellectual property that are unique to a company and or its products. Slogans, symbols, or inventively catchy phrases are typical examples of trademarks. Trademark is a word or phrase that identifies the goods produced by a specific company. A trademark may be verbal, in print, or even registered. With a graphic trademark, your logo can distinguish your products from other businesses efficiently and effectively.

How to Register for a Trademark?

To register a trademark, you must follow certain steps. The first step is to file an application with the trademark registrar. The application must include information about the trademark, including the name of the trademark owner, the place of origin, and the date of acquisition.

After applying, you will need to wait for approval. The trademark registrar may approve or refuse your application based on whether it believes that your trademark is likely to be infringed. If your application is approved, you will need to register the trademark with the registrar. This involves completing a Certificate of Registration (or Certificate of Use). You will also need to pay a fee.

Finally, you will need to monitor your trademark carefully to ensure that it is not violated. You can do this by monitoring filings with the trademark registrar and visiting online databases that contain information about trademarks. If you notice any violations of your trademark, you can take action by filing a lawsuit or sending a cease-and-desist letter.

Requirements for Trademark Assignment

  • Trademark assignment must be informed in writing
  • It should be done between two parties, the owner and the buyer
  • The owner of the trademark must consent to the trademark assignment 
  • There must be an adequate amount while assigning a trademark

Three Ways to Trademark Your Intellectual Property

Registering a trademark has many benefits. It can protect your intellectual property and give you the power to stand up against competitors in the marketplace. There are three areas that an organization should be focused on when looking at the ways to register their trademark: Name, Product Design, and a phrase or symbol.

Before starting the registration procedure, you can verify whether a trademark is available using Vakilsearch’s free Trademark Search engine.

Assignment of Trademark

When a trademark is transferred from one person to another, ownership and what limits the owner can change based on the terms and conditions of the transfer depending on whether it was registered or unregistered.

How The Assignment and Transmission of a Trademark Differ

The terms Assignment and Transmission are used interchangeably. An assignment is a transfer of ownership of a brand. In contrast, transmission is an agreement that retains ownership of a trademark but allows another party to use part of the trademark, but not the entire stamp duty for trademark assignment.

Trademark Transmission

Complete Transfer

This is the contract that transfers all rights, including rights to transfer or sell the property, rights to royalties or earn royalties on the property, and other similar rights from one individual to another.

Partial Transfer

This trademark transfer involves the transfer of only specific service marks or product marks.

Transfer with goodwill

A trademark assignment is the transfer of a trademark from one party to another based on the owner’s goodwill with all the rights and values.

Transfer without goodwill

A trademark transfer is when a company or trademark owner allows someone else to control the trademark, even if used for the same purpose.

Conclusion

On the whole, this article summarises the assignment and transmission of a trademark under the Indian Trade Mark Act of 1999.

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