Assignment & Licensing of Trademarks in India : IPR
Our Classroom series (Read All Articles Here) has educated its readers about several topics including the basics of trademarks, their attributes, types and classes, infringement conditions and rights of a trademark owner. Keeping in pace with the effort to spread knowledge, we herein present a note on the Assignment and Licensing aspects of a Trade Mark . ASSIGNMENT AND LICENSING OF TRADEMARKS Trademarks are an intangible form of property by which an entity creates and establishes its brand. Just as in the case of physical property such as land, every owner of a Brand or Trademark has the right to sell, license, transfer, etc. its respective brand or trademark in accordance with legal procedures. A brand or Trademark owner can transfer his rights with respect to his trademark either by way of assignment or by licensing. The Trade Marks Act, 1999 deals with the assignment as well licensing with respect to a trademark. In case of an assignment of a tra...