Definition and Nature

• Trademark transmission refers to the transfer of ownership of a trademark by operation of law.
  
• Unlike assignment, it does not involve a formal contract or agreement between parties.
  
• It occurs due to legal events such as death, insolvency, or inheritance.
  
• The transferee acquires the rights previously held by the original trademark owner.
  

Legal Basis and Recognition

• The process is governed by the Trade Marks Act, 1999.
  
• The law recognizes the validity of transmission similar to assignment.
  
• The rights transferred are subject to any existing licenses or conditions associated with the trademark.
  
• A transmitted trademark must be recorded with the Trade Marks Registry to have legal effect.
  

Filing and Application Process

• The application is filed using Form TM-P with the Registrar of Trade Marks.
  
• The form must include details of the trademark, the parties involved, and the reason for transmission.
  
• The application can be submitted online or physically at the appropriate trademark office.
  
• A prescribed government fee is payable along with the form submission.
  

Required Documentation

• Proof of transmission such as a death certificate, succession certificate, or court order.
  
• Identity and address proof of the person claiming rights through transmission.
  
• Power of Attorney (Form TM-48) if filed through an agent or legal representative.
  
• Any other document supporting the legal transfer, such as a will or inheritance certificate.
  

Registrar’s Role and Effect

• The Registrar verifies the documentation and examines the validity of the claim.
  
• Upon approval, the transferee’s name is entered in the Trade Marks Register as the new proprietor.
  
• The transmitted trademark retains its original application number and registration date.
  
• All rights, including enforcement and renewal, shift to the new owner after registration.