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Assignment and Transmission of Trademark - Coggle Diagram
Assignment and Transmission of Trademark
Assignment of Trademark [Section 2 (1) (b)]
Voluntary transfer
Through written agreement
With or without goodwill
Types of Assignment
Complete Assignment
All rights transferred
2. Partial Assignment
Specific goods/services or territory
3. With Goodwill
Includes business reputation
4. Without Goodwill
Excludes business reputation
Requires advertisement under Rule 79
Transmission of Trademark [Section 2 (1) (zc)]
Involuntary transfer
By operation of law (e.g., inheritance)
No written agreement required
Statutory Framework
Legal Provisions (
Trade Marks Act, 1999)
Section 37 – Power of registered proprietor to assign
Section 38 – Assignability and transmissibility of Registered Trademarks
Section 39 – Assignability and transmissibility of Unregistered Trademarks
Section 40 – Restriction: Multiple exclusive rights
Section 41 – Restriction: Geographic use
Section 42 – Assignment without goodwill (requires advertisement)
Section 45 – Registration of assignment/transmission
Section 43 – Assignability and transmissibility of Certification marks
Section 44 – Assignability and transmissibility of Associated Trademark
Trademark Rules 2017
Form TM-P – For recording assignment or transmission
Rule 80 – Advertisement of assignment without goodwill
Rule 77 – Registrar’s power to call for documents
Rule 83 – Registrar certificate or approval as to certain assignment and transmissions.
Rule 82 - Sperate Registration
Procedure
Step 1: Execute Deed of Assignment (for assignments)
Step 2: Submit Form TM-P to Registrar
Step 3: Include necessary documents
Assignment deed
Proof of transmission (e.g., will, succession certificate)
Step 4: Registrar scrutinizes and may seek clarification
Step 5: Registrar enters assignee’s name in the register