Legal Question in Intellectual Property in India

Trade Marks(IPR)
) Can there be an agreement for assignment and transfer of trademark without any goodwill as a part of consideration.
2) The formula for calculating the goodwill as a consideration for trademark.
3) If there is no goodwill consideration then what is the procedure of registering the agreement with Office of the Registrar of Trademarks for the purpose of transfer of trademark to buyers name. note:In India

Asked on 12/15/07, 12:17 am

5 Answers from Attorneys

NISHANT KAUSHIK Juris Legam

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Re: Trade Marks(IPR)

Goodwill'll transferred as some one asigne or transferred the TM to any one,. its bit detail process, u better make contact to a lawyer.

Answered on 4/17/08, 6:05 am

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Re: Trade Marks(IPR)

Goodwill is attached with trade mark and it is inseperable.So if the agreement for sale of trade mark then goodwill is automatically transfered.The value depends upon the market value of trade mark and is business.Procedure of registration is same.

Answered on 12/15/07, 1:08 pm

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rameswaram ramanathan Self

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Re: Trade Marks(IPR)

Regd.Trade mark can be assigned or transferred with or without goodwill. There are detailed procedures for the same. pls contact any regd.trade mark agent/ Attorney who will help in this matter. If u wish u can avail the services of Mr R.P.Ramanathan, Regd.TradeMark Agent who is also a Attorney by giving full details. His cell No.9994675721

Answered on 1/30/08, 2:07 am

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Amit Shukla AS and Associates Legal Services

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Re: Trade Marks(IPR)

Pls contact personally.

Answered on 12/25/07, 5:50 am

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