Step 1: TM Ownership Assignment Agreement
Estimated Time: 3-4 Working Days
Begin by drafting a comprehensive TM Ownership Assignment Agreement. Ensure it includes details of the transferor, transferee, the trademark in question, and the terms of the transfer. Both parties must sign the agreement, and it should be notarized for legal validity.
Step 2: Public Notice of Such Agreement in National Newspaper
Estimated Time: 2-3 Working Days
Publish a public notice regarding the trademark transfer in a national newspaper. This notice serves as an alert to the public, allowing any objections to be raised within a specified period. Ensure the notice contains essential details such as the names of the transferor and transferee, the trademark involved, and the intent to transfer ownership.
Step 3: After 40 Days of Public Notice; Filing of Permanent Transfer Application of Ownership of Trademark Before the Trademark Registry
After the public notice period (typically 40 days), file the Permanent Transfer Application of Ownership with the Trademark Registry. This application should include the following documents:
- TM Ownership Assignment Agreement
- Affidavits from the transferor and transferee confirming the correctness of the agreement
- Copy of the public notice published in the national newspaper
- Power of Attorney, if applicable
- Any additional documents required by the Trademark Registry
Ensure the application is accurately filled out, and all supporting documents are attached.
Step 4: Certificate is Issued by the Registry if there are no Objections
Once the Trademark Registry receives the application, they will review it for completeness and accuracy. If there are no objections or issues, the Registry will issue a Certificate of Trademark Transfer. This certificate officially recognizes the new ownership of the trademark.
Note: It’s crucial to engage with legal professionals or trademark agents who specialize in such matters to ensure compliance with all legal requirements. The timelines mentioned are approximate and may vary based on the workload and efficiency of the Trademark Registry. Always check the latest guidelines and regulations from the authorities for the most accurate information.