What is the procedure of devoulation of trademark
22-Dec-2023 (In Trademark & Copyright Law)
If the registered proprietor dies intestate how will the trademark devolve on his legal heirs. No assignment but one son given special power of attorney for user?
in case the person dies interstate, the Ip will devolve as immovable property and the law of sucession would applicable. As in your case already a registered trademark owner has allowed to use of registered trade mark then both can jointly apply in writing to the registrar in the prescribed manner.
This can only be applicable when registered owner is using the mark however where he has not used it, then Trade Mark Act provides other remedies as well.
This can only be applicable when registered owner is using the mark however where he has not used it, then Trade Mark Act provides other remedies as well.
Trademark even if registered in the name of proprietor of a business, shall remain in the context of proprietorship business. It shall devolve in accordance with who takes over the business.
In case the business is be dissolved, the value attached to the trademark can be evaluated and divided amongst themail heirs.
In case the business is being partitioned, the goodwill and trademark both need be evaluated, the heirs can propose to buy out each other and pay price attached and continue to use the mark.... All this can be done based on clearer facts and by way agreement.
In case the business is be dissolved, the value attached to the trademark can be evaluated and divided amongst themail heirs.
In case the business is being partitioned, the goodwill and trademark both need be evaluated, the heirs can propose to buy out each other and pay price attached and continue to use the mark.... All this can be done based on clearer facts and by way agreement.
Whosoever will enter into the shoes of the deceased proprietor will inherit all the duties of the deceased proprietor along with that he will also inherit all the rights of that proprietorship and will enjoy the rights over the property of that proprietorship be it tangible (goods, chair etc) or intangible (trademark and other IPR rights).
He has to make a public declaration by way of public notice that he is taking over the proprietorship along with its rights and duties and he has all legal rights to do so.
He has to make a public declaration by way of public notice that he is taking over the proprietorship along with its rights and duties and he has all legal rights to do so.
Hi..
Trademark is like any other property and would, subject to the registered proprietor dying intestate, devolve onto the legal heirs.
In such a scenario, assuming the trademark gets divided into the legal heirs, then each such legal heir shall have a right over the trademark and hence, each such legal shall be entitled to get their name put in the registered trademark as the registered proprietor by filing the relevant application.
As a document, in such a scenario, it would be advisable for the legal heirs to enter into a written understanding, which could be filed before the Trademark registry along with the applicable form to capture the name of the new proprietor of the trademark.
As regards the son who has been given the right to use the trademark he holds the status of a registered user of the trademark, however, post the death of the registered proprietor, he would also have a devolutionary right over the trademark unless there is something contrary to the same.
Having said that, the above advise is based on the limited information shared and for a final advise, a proper and thorough review of the facts and circumstances would be required.
Hope the above is helpful.
Trademark is like any other property and would, subject to the registered proprietor dying intestate, devolve onto the legal heirs.
In such a scenario, assuming the trademark gets divided into the legal heirs, then each such legal heir shall have a right over the trademark and hence, each such legal shall be entitled to get their name put in the registered trademark as the registered proprietor by filing the relevant application.
As a document, in such a scenario, it would be advisable for the legal heirs to enter into a written understanding, which could be filed before the Trademark registry along with the applicable form to capture the name of the new proprietor of the trademark.
As regards the son who has been given the right to use the trademark he holds the status of a registered user of the trademark, however, post the death of the registered proprietor, he would also have a devolutionary right over the trademark unless there is something contrary to the same.
Having said that, the above advise is based on the limited information shared and for a final advise, a proper and thorough review of the facts and circumstances would be required.
Hope the above is helpful.
Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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