Just because a brand can`t be physically held doesn`t mean the brand doesn`t have physical value. Forbes valued Google`s brand at $44.3 billion, while the $42.8 billion Microsoft brand was just behind. By correctly registering an order, you can determine who owns the valuable brand. If the trademark is registered nationwide, be sure to register the change of ownership with the USPTO Assignment Recordation Branch. A fee of $40 is required to register an allocation based on the USPTO fee schedule. The USPTO Recordation Form Cover Sheet for brands is highly recommended when you submit your brand. Other issues regarding the registration of a trademark assignment at the USPTO can be resolved in the frequently asked questions regarding the transfer of ownership/assignment. [3] The cases mentioned above will soon be available at the following address: www.hg.org/legal-articles/top-5-interesting-trademark-cases-in-india-51057 This part specifies the geographical scope, i.e. the place where the assets of the agreement would be held and the laws whose country is mandatory.

[1] Brief description of branded items in the TRIPS Agreement If a trade mark to be transferred contains the name of a living or deceased person, it must be informed. If so, a signed written consent of that person is required to register the corresponding mark in the applicable jurisdiction. The following legislative commentary describes the need and trademark law, the trademark assignment agreement, to be precise. The commentary describes the need for an explicit agreement for the brand and the importance of this agreement. The commentary deals with some pioneering cases and the clauses that must be explicitly taken into account when concluding such an agreement. Remember that registering a trade name is not the same as registering a trademark. These are some of the most frequent situations in which a trademark transfer agreement is important: the international registration of marks is governed by the Madrid Agreement of 1891[10] and the Protocol to that Agreement of 1989. It makes it possible to protect trademarks in a large number of countries by obtaining international registrations. Assignment of trademark is the transfer of ownership, rights and interest from a trademark or service mark.

The assignee (assigning party) transfers the ownership rights of the trademark to the assignee (receiving party). However, an assignment is different from a license, since the license is only the authorization to use a trademark, but it does not confer property rights and is linked to technology transfer agreements (ATAs). Such divestitures are important because a surplus of intellectual property can weigh on a company. In addition, the attribution of a trademark is also an essential element of its monetization. It has certain advantages, such as: the agreement must also define the inclusion of the trademark registration issued as an asset. In India, a portal[9] has been developed to register trademark applications, track certificate requirements, etc. Goodwill is an intangible asset that values the value of brands. The transfer of courtesy, which is legitimate, also depends on the jurisdiction. In India, the transfer of trademarks without goodwill is considered valid, while the US law, common and Lanham Act (US Trademark Act), considers that the transfer of trademarks without good will is void. Learn more about whether you should register your trademark from the uspto Basic Facts about Trademark…