Is it safe to purchase register trademark?
Yes, it is generally safe to purchase and register a trademark, as it provides legal protection and exclusive rights to use the mark.
When Is It Safe to Purchase a Registered Trademark?
Due Diligence Is Done
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Ensure the seller is the actual registered owner (check with the Trademark Registry).
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Verify the mark is valid, in use, and not under any legal dispute or rectification proceedings.
Trademark Assignment Agreement
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A written assignment deed is executed, clearly transferring rights, title, and goodwill in the mark.
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The assignment includes details of the trademark (class, application/registration number, etc.) and is signed by both parties.
Registration of Assignment
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The assignment must be recorded with the Trade Marks Registry using Form TM-P, along with the assignment deed.
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Until recorded, the transferee (buyer) may face difficulty in asserting ownership in court.
Check for Restrictions
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Ensure there are no contractual restrictions or licenses that prohibit transfer.
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Confirm the mark is not co-owned unless all owners agree to the assignment.
