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Sachin Agarwal (Learner in Law)     19 June 2018

Assignment of trade mark before registration

Is it possible to assign a trade mark before it is registered ?

Meaning the creator of the Trade mark assigned it before regsitration and later wants to register the trade mark.

Is this legally possible ? And how to prove it beore the TM Registry when asked by the Registrar ?

The documents of use of Trade Mark are available in the form of invocies raised by the person in whose favour it was assigned.

Please guide.



 3 Replies

Raghav Arora   20 June 2018

Hi ! Thanks for the question! 

You can use your trademark before it is registered, however, you cannot use the Circled R on top of it before it is duly registered. Trademark just means using something that you created for you brand and you may even add the TM supertext too, but do not use the R until it has been registered.

Good Luck!

 

Sachin Agarwal (Learner in Law)     23 June 2018

Sir,

This was not the query. I would be grateful if you could please address the query.

 

Archi Bhatia   28 June 2018

Hi Sachin,

Assignment of a trademark which is not yet registered can be done under section  39 of the trademark act. The marks can be transferred with or without the goodwill of the business associated with the trademark. You can file trademark assignment request with Form TM:P 

the government fee for unregistered trademark assignment is 900 Rs.

You can read in detail about trademark assignment through the link below:

https://www.quickcompany.in/articles/trademark-assignment

 


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