Yes, after passing the necessary Order, the Registrar will notify the recorded entry of subsequent proprietor in the Trade Marks Journal published by the Registry itself.
How to enter the name of a subsequent proprietor after the assignment or transmission of a Registered TradeMark?
Under the provisions of the Trade Marks Act 1999, the definition for the ‘‘Registrar Proprietor’’ means the person for the time being entered in the Register as Proprietor of the Trade Mark. Therefore, in case of Assignment or Transmission, it is necessary to file an Application for entry of subsequent […]
Who may Assign Trademark ?
The power to assign a trademark is given to the person for the time being entered in the register as proprietor of a trademark. Even, if the mark was registered in the wrong name, the registered proprietor has power to assign the mark. Be But, the Original Registration ltself could […]
Whether an Assignment Deed will attract Stamp Duty?
An Assignment of a TradeMark is made always for a consideration. But, a trademark is considered as ‘movable property’. Therefore, whether it attracts the provisions of Stamp Act is doubtful. This question of law is not yet decided by any High Court or Supreme Court, because the Act defines the […]
What is meant by transmission?
Transmission means right of an individual or a Company or that of a Trust upon a Registered Mark from one individual or a Company or that of a Trust to another. It is an another mode of assignment. The Act provides not only transfer by a living person but also […]
What is meant by an Assignment of a TradeMark?
An Assignment means transfer of a claim, right or a property, allotment, appointment or ascribing property to another. This transfer is effected by the execution of the document called an assignment in writing and signed by the transferor and transferee. The term assignment is defined in section 2(1) (a) of […]
Who are the authorities to decide the rectification?
An application for cancellation may be forwarded either to the Intellectual Property Appellate Board or to the Registrar at the option of the Applicant.
Who can file an application for rectification?
The rectification application can be filed only by any aggrieved person. The term ‘aggrieved person’ should depend upon the facts circumstances of each and every case for rectification. Normally, when a person’s trading interest is affected by a registered trademark, he is considered to be an ‘aggrieved person’.
Whether any time has been prescribed under the Act for removal on the ground of non-use?
A Registered Mark having been a non-use for a continuous period of five years is a ground for removal of the registered mark. If a trademark has actually been used for some time but thereafter the trademark is not used for continuous period of 5 years, then the mark can […]
What is meant by non-user of a trademark?
A trademark can be kept alive only by constant use. On continued non-use will lead to its eventual death. Hence, the Act provides for removal of a trademark from the register on the ground of being a non-user.