Trademark Assignment in India

Trademark Assignment in India is transfer of trademark either with or without the goodwill of the business.

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What is Trademark Assignment in India?

Trademark is an intellectual property and like any other asset, the owner of a trademark has the right to sell, license or transfer of trademark. Such a transfer of trademark can be made through Trademark Assignment Agreement or through Licensing.

When there is an assignment of trademark, there is a change in the ownership of the registered brand. But when it’s licensed, the rights in the trademark continue to vest with the original owner but only a few restricted rights are given to the third party.

This assignment of trademark can be made with or without transferring the business goodwill. In case of a registered Trademark, such assignment is required to be recorded in the Register of trademarks.

Benefits of a Trademark Assignment in India

Get your trademark's value
With the assignment of trademark, the trademark owner(s) can save a lot of money while creating a good brand image.
Assignment Agreement is Valid Proof
In case of any trademark-related dispute, the legal rights of the assignee would easily be established through the trademark assignment agreement. The Registry ensures that all the checks are in place by examining the validity of all the clauses mentioned in the agreement and publishing the assignment in the Trade Marks Journal.
Pre-established brand name
The assignee has the advantage of dealing in an already existing and established a brand name. Assignment of trademark saves time, efforts and investment while creating brand value.
Expansion of business
In the case of licensing, the assignor’s business increases as more vendors join to contribute in brand building. The brand value will propel with the combined efforts of assignor and assignee.

Documents Required for Assignment of Trademark

TM Certificate
Certificate of Trademark Registration (if any)
Details of the Party
Name and description of the assignor and assignee
NOC
No Objection Certificate from the original owner of the registered trademark

Types of trademark assignment in India

1. Complete Assignment

All the rights vested in the trademark are assigned to the third party, including the rights to further transfer, to earn royalties, to license, etc.

2. Assignment limited to only some goods/ services

Under trademark assignment, the transfer of ownership is restricted only to certain products/services as decided in the Trademark Assignment Agreement.

3. Assignment with Goodwill

In this case, the value and the rights attached to the trademark are also transferred. This makes new owner of the trademark eligible to use the assigned brand name with respect to the products and services already sold under the brand name. Also, it grants permission to use the acquired trademark for any new venture or product the new owner creates or manufactures.

4. Assignment without Goodwill

Also called as Gross Assignment, the brand owner restricts the rights of the assignee, limiting user rights of the new assignee and prohibiting him/her from using the brand name for the products already in use by the assignor. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand is not transferred to the buyer.

Trademark Registration Process for a Trademark Assignment

Assignment of trademark happens when assign or transfer of intellectual property rights to another person with or without goodwill. Assignee is the person who becomes qualified by the assignment of a certified trademark should apply for the trademark assignment in the designated manner.

  • An application of a trademark assignment shall be made in Form ™-P by the assignor or assignee or both can make a joint request to register assignee as a subsequent proprietor.
  • Apply with the registrar of a trademark within six months from the date of procurement of the proprietorship. The application can be filed later, but the trademark assignment fee may vary accordingly.
  • In case of assignment of trademark without goodwill or assignment of a certified trademark, the regulation from the registrar of trademarks is needed before the expiry of six months from the date on which assignment is delivered or within the extended long period which is provided by the registrar.
  • Advertise the assignment in such a manner and within such a period as the registrar may direct.
  • A copy of the direction of the registrar and advertisement of the assignment must be submitted to the office to make sure that the directions have been followed accordingly or not.
  • On the receipt of the trademark assignment application and documents required, the registrar after perceiving satisfied shall register the assignee as the proprietor of the trademark and the specifications of the assignment to be recorded in the register.

Make Application in 3 Easy Steps

1. Follow Quick Process
  • Spare less than 10 minutes to fill our online Questionnaire
  • Upload all the required documents
  • Make quick payment through our secured gateways
2. Experts at Bharatregister are here to help
  • Assigned Relationship Manager
  • Consultation regarding the Trademark Assignment
  • Drafting of Documents and Agreement
  • Preparation & Filing of Application
Your Assignment Agreement is filed
  • All it takes is 5-8 working days

It is another term for Trademark Assignment in India. It basically means transfer of a marks ownership with or with the goodwill of the business.

An unregistered trademark can be consigned without the goodwill of the business under the following circumstances:

  • At the time of the assignment of trademark, it is used in the same business as a registered trademark;
  • That both the certified and unregistered trademarks are assigned at the identical time and to the same person;
  • That the goods regarding which the assignment is effected are the same for both the registered and unregistered marks.

Usually, only the party indicating the intellectual property must approve the assignment, and while notarisation is substantially considered is not strictly required. Once the assignment has been executed, it should be recorded.

Goodwill can be hard to transfer. An assignment of goodwill in business is also a situation where a deed is considered most appropriate to evidence that such a valuable transfer of property from the seller to the buyer was indeed fully intended.

Compare and know which Intellectual Property protects you Product

Managing Your Business

Trademark Registration

Provisional Patent

Permanent Patent

Copyright

Governing Act

Trade Marks Act, 1999

The Patents Act, 1970

The Patents Act, 1970

The Copyright Act, 1957

Registration Requirement

Mandatory for claiming exclusive right

Mandatory

Mandatory

Optional

Most likely used for

Logo, Design, Packing Material, Name of Business / Company

New invention idea with a prototype

New invention idea with a prototype

All types of original artistic, dramatic or musical works

Symbolic Representation

After application ™
After registration ®

No symbol

No symbol

©

Valid for

Trademark once registered is valid for 10 years which can be renewed

Provisional patents valid for 12 months during which complete specification must be filed

A permanent patent is valid for 20 years including the year of provisional patent filing

In addition to lifetime validity of creator it remains valid till 60 years after his death

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