trademark assignment

On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trade mark-5000.00

If made within six months from the date of acquisition of proprietorship-7500.00

If made after expiration of six months but before 12 months from the date of acquisition of proprietorship and If made after 12 months from date of acquisition of proprietorship-10,000.00

For Stamp duty on assignment deed please check state Stamp Act .

The law is based on common law principle that the goodwill of business was indivisible in which the mark was used and therefore an assignment of trade mark without the goodwill of the business and stock in trade was bad. The modern view is different. The Trade Marks Act, 1994 in the UK abolished such requirement as being of little practical effect as a safeguard to the public. The British Govt. also found that the requirement was a “burden to the trade mark owners and the Registry”. It was proposed to amend present section 42 of the Trade marks Act, 1999 with the modern trend.

An application for assignment under section 42 without goodwill of business isto be made within six months from the date on which the assignment is made, with possible extension of the period by request, made on form TM-21. (See rule 74)