Transfer of Trademark Ownership
How can I transfer my ownership rights in Trademark to one of my relatives?
- Answered on 02:22 PM, 28 Sep 18
Yes. A registered mark, or a mark for which an application to register has been filed can be transferred or sold. Written assignments may be recorded in the Indian trademark registry for a fee.
When filing a Trademark application, your mark will go through two main types of review. First, the TRADEMARK REGISTRY will review your application to determine whether or not you have met the minimum filing requirements. Next, the application is forwarded to a trademark examiner. The examiner will then review the application to determine whether it complies with all applicable rules and statutes and includes all required fees for filing a Trademark. A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen. If the examining attorney decides that your mark should not be registered, he or she will send out a report, called an examination report, explaining any substantive reasons for the refusal, as well as any technical or procedural problems with your application. . If the examiner sends an examination report with objections, your response to the objections must be received within a month of the mailing date of the report, or the application will be declared abandoned.
If your response does not overcome all of the examiner objections, the examining attorney will give you an opportunity for a personal appearance.