Step 1: Mutual
Consultant and Negotiation
At the initial stage of Trademark Assignment, both parties must have a
mutual consultant. Therefore, the Assignor and Assignee negotiate the terms and
conditions of the Trademark Assignment. This negotiation includes the type of
agreement (e.g. complete assignment or partial assignment), limitations and specific
rights that are being transferred.
However, both parties must seek legal guidance before going through this
procedure. A professional lawyer/attorney guides the whole procedure and provides a
hassle-free strategy for transferring the IP asset.
Step -2: Filing TM-P
form
After the consultant, anyone whether the “Assignor” or “Assignee” files
the “TM-P” form. This form will be submitted to the TM Registrar. The
applicant has to pay ₹9,000 which is the government fee for TM- P and some
related documents. The documents are mentioned below:
Required Documents for Trademark Assignment
- Trademark Certificate
- NOC from Assignor
- Trademark Assignment Deed
- Identity proof of both parties (Assignor & Assignee)
Step -3: Reviewing the
Application
Once the TM-P form has been to the TM Registrar's office, this form goes
to the reviewing. Here, the registrar checks the application and deeds whether it is
appropriate or not.
Step -4: Accept or
Reject
After reviewing the application by the Registrar, it could be accepted
or rejected. The Applicant will be informed by the TM office if the application is
accepted by the registrar in 3 months from the application filing.
In some cases, the application could be rejected by the registrar. In
this situation, a different legal procedure is conducted where the applicant must
submit some other details and documents.
