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

• Ensure the seller is the actual registered owner (check with the Trademark Registry).

• Verify the mark is valid, in use, and not under any legal dispute or rectification proceedings.

Trademark Assignment Agreement

• A written assignment deed is executed, clearly transferring rights, title, and goodwill in the mark.

• The assignment includes details of the trademark (class, application/registration number, etc.) and is signed by both parties.

Registration of Assignment

• The assignment must be recorded with the Trade Marks Registry using Form TM-P, along with the assignment deed.

• Until recorded, the transferee (buyer) may face difficulty in asserting ownership in court.

Check for Restrictions

• Ensure there are no contractual restrictions or licenses that prohibit transfer.

• Confirm the mark is not co-owned unless all owners agree to the assignment.

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