Can trademark ownership be transferred?

A trademark assignment is a document signed by the original owner (“assignor”) that transfers ownership of the trademark to a new owner (“assignee”). In most cases, the new owner does not need to sign the document because only the assignor signs the trademark assignment to transfer trademark rights.

Can trademark be transferred or licensed?

Every owner of a trademark owner who wishes to transfer his/her right with regard to its trademark can do so either by trademark licensing or trademark assignment which is governed under the Trademark Act, 1999.

Can someone use my trademark in another country?

Trademarks are territorial. You should have it in mind when registering your brand. If you are operating in more than one jurisdiction, your mark also should be protected in all the countries where you use it.

Can China revoke trademarks?

Trademark owners are reminded that any person can apply to the Chinese Trademark Office, to cancel their a trademark registration on the grounds that it has not been used at all for three consecutive years.

How do you assign a trademark to a new owner?

To transfer ownership or update your information to reflect a legal name change:

1. Use Electronic Trademark Assignment System (ETAS) to request the change.
2. If you’re filing a TEAS form within the next week, you may need to manually update the owner information on the TEAS form.

How do I transfer trademark registration?

You can transfer a trade mark via assignment or licensing. Assignment refers to the transfer of your trade mark to another entity via sale and can be partial or full. You must apply to the Registrar to record your assignment.

How do I change the owner of a trademark?

There is a provision for alteration or change in trademark under the requirements of Section 59 complemented by rule 98. A version of how the trademark would look like when changed or modified or altered should be made on five copies and submitted along with application by proprietor on form TM-38.

How do you change ownership of a trademark?

(I) Trademark Assignment

1. Create a trademark assignment application, including the request for the transfer of trademark rights.
2. File the prepared application before the registrar.
3. Obtain the Registrar’s Permission.
4. Understand the registrar’s directions and according to them, advertise the assignment.

How do I register my trademark internationally?

At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO’s Madrid System.

What are the grounds for cancellation or revocation of trademark?

Grounds For Cancellation They are: Trademark registered with the goods and services is done so without any bonafide or genuine intention to use it. Trademark was not in bonafide use for five years from the date of registration, and such period of five years has elapsed.

What do foreign companies need to know about trademarking in China?

Foreign companies entering the Chinese market need to familiarize themselves with its complex trademark regime, which both facilitates protections while also imposing certain unique limitations that brands must work around.

How do I correct the owner name in a trademark application?

To correct minor errors, see correcting the owner name in Trademark Electronic Application System (TEAS) forms. These corrections aren’t considered assignments. For Intent-to-Use applicants, if you’re transferring ownership to a business successor for the goods or services for which your mark relates, you can file your assignment at any time.

How do I record changes to the ownership of UK Trade Marks?

Use this form to record changes to the ownership of UK trade marks for full assignment of the rights. Do not use this form to record a partial change to the owner‘s rights, use form TM16P ‘Application to record a partial assignment of goods and/or services’.

How to transfer a trademark?

Every owner of a trademark owner who wishes to transfer his/her right with regard to its trademark can do so either by trademark licensing or trademark assignment which is governed under the Trademark Act, 1999.