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Trade Mark Assignment

Trademark assignment refers to the transfer of ownership of a registered trademark from one party (the assignor) to another party (the assignee). The assignment can be full or partial and can be for a specific period or indefinitely.

The process of trademark assignment involves several steps, including:

  1. Drafting a Trademark Assignment Agreement: The assignor and assignee need to enter into a Trademark Assignment Agreement, which sets out the terms and conditions of the assignment. The agreement should include details of the parties, the trademark being assigned, the consideration (payment) for the assignment, and any restrictions on the use of the trademark.
  2. Filing the Trademark Assignment: Once the agreement is signed by both parties, it needs to be filed with the Trade Marks Registry. The application for the assignment should be made on the official form and should include a copy of the agreement.
  3. Examination by the Trade Marks Registry: The Trade Marks Registry will examine the application and the agreement to ensure that the assignment is legal and does not conflict with any existing trademarks.
  4. Publication in the Trade Marks Journal: If the Trade Marks Registry is satisfied with the application, the assignment will be published in the Trade Marks Journal. The publication provides an opportunity for anyone to object to the assignment if they believe it conflicts with their existing trademark.
  5. Issuance of Certificate of Registration: If there are no objections to the assignment, the Trade Marks Registry will issue a Certificate of Registration in the name of the assignee.

Trademark assignment provides a means for the owner of a trademark to transfer the ownership rights to another party. The assignee can benefit from the goodwill and reputation associated with the trademark, while the assignor can receive compensation for the transfer of ownership. A properly executed trademark assignment can provide legal protection for both parties and ensure that the trademark is used in accordance with the terms of the agreement.

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