A Trade Mark is assignable and transmissible, whether with or without the goodwill of the business concerned and in respect of any or all the goods or services in respect of which it is registered.
The following documents are required for recordal of assignment:
(i) An Assignment Deed duly executed by the assignee and the assignor, signed by 2 witnesses andnotarized;
(ii) Two Affidavits to be executed by the assignee and the assignor respectively and duly notarized;
(iii) A Power of Attorney from the assignee (notarization/ legalization not needed).
A licensee may be registered as a registered user of a trade mark, by making an application to the Registrar. While it is not a mandatory requirement to record a licensee as a registered user, it is a recommended option. Such recordal bestows upon the licensee the right to institute, in his own name, proceedings against infringement.
The following documents are required for recordal as a registered user:
(i) The Licence Agreement or a duly authenticated copy of the agreement along with the supporting documents (the license deed must be in compliance with Indian Laws)
(ii) Affidavit by the registered proprietor.