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Trademark Class 41 includes services for education, tutoring, training, entertainment, and various sporting and cultural activities. The class covers mainly services rendered by persons or institutions to educate persons or train animals, as well as services intended to entertain.

After the complete assignment of the trade mark the owner loses his rights over the trademark and the assignee retains all the such respective rights. Partial Assignment of a Trademark: Here the transfer of the ownership is done to certain products and services only.

40. Restriction on assignment or transmission where multiple exclusive rights would be created. 41. Restriction on assignment or transmission when exclusive rights would be created in different parts of India.

Procedure of Assignment or Transfer of Trademark Step 1: Application for trademark assignment. Step 2: Filing Form TM-P. Step 3: Documents submission. Step 4: Application processing and advertisement of assignment. Step 5: Approval.

An objection raised under section 40 of the Trade Marks Act 1995 means that your application must be rejected as the trade mark cannot be represented graphically. The majority of trade marks such as words and logos can be represented graphically as they have tangible physical forms.

Class 41: Education and entertainment services. Education; providing of training; entertainment; sporting and cultural activities.

Trademark applications start at $225. You may have to pay an additional fee for selecting more than one class. 1. Do a Trademark Search: Look for similar trademarks in Class 41 using the USPTO Trademark Electronic Search System (TESS) database.

Restrictions on Assignment of Trademark Thus, multiple exclusive rights relating to the same/similar products or services in different persons are not allowed. It prevents the parallel use of a trademark by more than one person in relation to the same/similar products or services.