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What is Trademark Assignment?

Assignment of a trademark means the transfer of the owner’s right, title, and interest with respect to the trademark. The assignment is defined as an assignment in writing by an act of the parties concerned. Trademark is an intellectual property and like any other asset, the owner of a trademark has the right to sell, license or transfer the owned intellectual property. The original owner of the trademark is known as “the assignor,” and the future owner is known as “the Assignee.” The assignment of a trademark occurs when there is a transfer of the owner’s right, title, and interest with respect to the trademark. In another way, we can say it is the transfer of ownership with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.

Procedure to Trademark Assignment
  • Fillup the Form
  • Get a callback from our expert team
  • Make online Payment
  • Application for Trademark Assignment
  • Filing of TM-P Form
  • Submission of Documents
  • Processing of the Application
  • Advertisement of the Assignment
  • Approval of the Trademark Assignment
Documents required for Trademark Assignment*
  • Certificate of Trademark Registration (if any)
  • Name and description of the assignor and assignee
  • No Objection Certificate from the original owner of the registered trademark
Different ways to assign or transfer a Trademark in India
  • Assignment with Goodwill of Business: In this case, the value and the rights attached to the trademark are also transferred. Such assignments are made when value and right, both the things associated with the trademark are transferred to the third entity with goodwill.
  • Assignment without the Goodwill of Business: Assignment without goodwill is also known as gross assignment. The assignor restricts the assignee with a condition that the assignee is not entitled to use the trademark assigned in relation to the goods or services already in use by the assignor. Such an assignment is called an assignment without the Goodwill of Business. The buyer cannot use such a brand for the product being used by the original owner. Hence, the goodwill attached to such a brand with respect to the product already being sold under such a brand is not transferred to the buyer.
  • Complete Assignment To Another Entity: Complete rights in relation to a registered trademark are transferred to the second party. The owner here transfers all the rights with respect to marking to the other party, which includes rights of further transfer, to earn royalties, etc The assignee then enjoys all the rights that the original trademark owner had. The assignee would then be the sole owner of the trademark having rights to assign, trade, and market it and also to stop others from using it without authorisation.
  • Partial Assignment: In this type of assignment, the transfer of ownership is restricted only to certain products/services as decided by the parties and expressed in the Trademark Assignment Agreement. In the case of partial assignment, transfer of ownership is limited to certain services/products as parties have decided or expressed in the trademark assignment agreement.
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