Transfer of unregistered trade mark

P.C. Joshi (Querist) 28 August 2013 This query is : Resolved
Dear friends,

There are two companies A and B.
A is an exiting company dealing in FMCG products. Company B has been incorporated just few days ago. Both companies are in the same business. Company B will apply for Trade mark registration for its certain goods, company A will sell the products under brand/trade mark of B and company will pay to company A some royalty or licence fee for use of trade mark of company B. The pupose is long term strategy. Company B, brand and trade mark will get the recongition in the market in few years and then Company A can sell its own brand and Company A and B join hands after sale of company A 's brand.

Query:

1. Can there be an agreement for transfer/assignment or licensing of certain brands/trade marks which is not registered or applied for.

Thanks & Regards

P.C. Joshi

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Murali Krishna (Expert) 28 August 2013
Yes. It is transferable. Registration of trademark is optional, but it is better to do as a precautionary measure to protect the rights of a party.

You can enter into agreement for assignment/transfer.