Trademark Assignment

Liquidate the hard-earned brand value, through Trademark Assignment

Online Trademark Registration in India

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OVERVIEW

What is Trademark Assignment?

A trademark is a form of intellectual property, and like any asset, its owner has the ability to sell, license, or transfer it. This transfer can be executed via a Trademark Assignment Agreement or through Licensing.

When a trademark is assigned, the ownership of the registered brand changes hands. Conversely, licensing allows the original owner to retain rights while granting specific, limited rights to a third party. Assignments can occur with or without the transfer of business goodwill. For registered trademarks, such transfers must be recorded in the Trademark Register.

BENEFITS

Benefits of Assignment of Trademark in India

Get your trademark's value

Building a brand demands a significant investment of resources, time, and effort. By assigning a trademark in India, the trademark owner(s) can realize the brand’s value that was once merely conceptual. The collective efforts increase its value, and the assignor can impose pertinent restrictions to safeguard their interests.

Pre-established brand name

The assignee gains from associating with a well-established and reputable brand. This setup spares the assignee the time, effort, and investment that would otherwise be needed to develop brand value from the ground up.

Expansion of business

Through licensing, the assignor's business expands as more vendors contribute to enhancing the brand. The brand's value increases through the joint efforts of both the assignor and the licensee.

Assignment Agreement is Valid Proof

In the case of a trademark-related dispute, the assignee’s legal entitlements will be explicitly outlined and safeguarded by the trademark assignment agreement. The Trademark Registry ensures adherence by assessing the legitimacy of the agreement's provisions and officially documenting the assignment in the Trade Marks Journal.

ONLINE REGISTRATION

Documents required for Trademark Assignment in India

TM Certificate

Certificate of Trademark Registration (if any)

Power of Attorney

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

Complete Assignment

All rights linked to the trademark are conveyed to the third party, encompassing the authority to transfer ownership, collect royalties, and issue licenses.

Assignment with Goodwill

In this case, both the trademark's value and associated rights are transferred. This enables the new owner to utilize the brand name for products and services that were previously marketed under that name. Moreover, it authorizes the new owner to apply the trademark to any new ventures or products they create or produce.

Assignment limited to only some goods/ services

In this assignment, ownership transfer is limited to specific products or services as outlined in the Trademark Assignment Agreement.

Assignment without Goodwill

Often termed a Gross Assignment, this arrangement involves the brand owner imposing limitations on the assignee’s rights. The new assignee's use of the brand name is restricted, specifically excluding its application to products already marketed by the assignor. As a result, the goodwill linked to the brand for these existing products remains with the assignor and does not transfer to the purchaser.

Trademark Assignment