FAQ Archive - Obhan & Associates

August 25

Date: August 25, 2017
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- 2541

What are the disadvantages of filing under the Madrid Protocol?

Any change owing to opposition/rectification/cancellation/objections in the Home Application within a period of five (5) years from the filing of the IA shall also identically change the particulars of the International application across all designated countries. If the Home Application is opposed ...

August 25

Date: August 25, 2017
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- 2091

What are the advantages of filing under Madrid Protocol?

Reduction in cost: The additional fee of engaging local counsels at the time of filing of the application is not required. This reduces the cost of filing the application substantially as a single request can be filed for recordal of assignment, name change, renewals etc. Reduction in time: Generall...

August 25

Date: August 25, 2017
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- 2162

What is the Madrid Protocol?

The Madrid Protocol provides for the international registration of trademarks by filing a single International Application. Indian companies which have procured trademark registrations and/or have pending applications with the Trade Marks Office in India can file a single International Application (...

August 25

Date: August 25, 2017
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- 2323

Is it necessary to record a License Agreement with the Trademarks Office?

A trademark is licensed by way of a License Agreement. As per the Trade Mark Act, 1999, contrary to the requirement in case of Assignment, the recordal of the license agreement for permitted use with the Trademark Registrar of a trademark is voluntary and not compulsory. However, it is advisable tha...

August 25

Date: August 25, 2017
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- 2311

Is it necessary to record an assignment with the Trademarks Office?

Once a trademark is assigned it is necessary to record the change in ownership with the Trademark Registry. Specific forms with fees along with the corresponding Assignment Deed have to filed to ensure that the records reflect the ownership details. The Trademarks Act states that the assignment or t...

August 25

Date: August 25, 2017
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- 2269

What is Licensing of Trademark?

A trademark may be licensed to allow others to use the mark without assigning the ownership and the same may be done for all or some of the goods and services covered. The Trademarks Act refers to a Licensee as a ‘Registered User’....

August 25

Date: August 25, 2017
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- 2812

What are the documents required for the Assignment of Trademark?

A trade mark is generally assigned by way of a properly executed and notarized Trademark Assignment Agreement which pertains to the transfer of the mark from the owner to another. Accordingly, a specific request along with the Trademark Assignment Agreement is required to effect such a change of own...

August 25

Date: August 25, 2017
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- 2517

What is Assignment of Trademark?

Assignment of a trademarks is a process in which the owner of the trademark transfers the ownership and proprietary rights of the trademark either with or without the goodwill of the business. The manner in which an assignment can be made are as follows: Complete Assignment to another entity Assignm...

August 25

Date: August 25, 2017
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- 4721

What is the difference between Assignment of trademark & Licensing of trademark?

In case of an assignment of a trademark, there is a transfer in the ownership of the trademark registration and in case of licensing, the proprietary rights of the trade mark continue to vest with the original owner but only few restricted rights to use the brand/trademark are given to the third par...

August 25

Date: August 25, 2017
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- 2989

Can a trademark be transferred from one person to another?

Trademarks like any other asset can be transferred from one proprietor to another. The transfer could be temporary through licensing or permanent thorough an assignment. A registered mark, or a mark for which an application to register has been filed is assignable/ transferable....