Trademark Assignment

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OVERVIEW

What is Trademark Assignment?

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. Such a transfer can be made through Trademark Assignment Agreement or through Licensing.

When a trademark is assigned, 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 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

Benefits of Assignment of Trademark in India

Get your trademark's value

Brand creation involves a lot of money, time and hard work. With the assignment of Trademark in India, the trademark owner(s) can encash the value of a brand which until now existed only on papers. The combined efforts create more value and the assignor can always put appropriate restrictions.

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. The time, efforts and investment for creating brand value are saved for the assignee.

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.

ONLINE REGISTRATION

Documents required for Trademark Assignment in India

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

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.

Assignment limited to only some goods/ services

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

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.

Assignment without Goodwill

Also known as Gross Assignment, here 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.

Restrictions on the Assignment of a Registered Trademark

Assignments that create exclusive rights for more than one person with respect to the same goods or services are not permitted.

Simultaneous use of assigned marks by different individuals in different parts of the country is not permitted.

Online Registration

Assign Trademark 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 are Here to Help

Assigned Relationship Manager
Consultation regarding the Trademark Assignment
Drafting of Documents and Agreement
Preparation & Filing of Application

3. Your Assignment Agreement is filed

All it takes is 5-8 working days*

*Subject to Government processing time

The Process

Process to assign a Trademark

Day 1 - 2 Collection

Discussion and collection of basic Information
Provide required documents
Finalize the terms and conditions
Finalize the type of agreement

Day 3 - 5 Execution

Drafting of Documents by Professionals
Drafting of Trademark Assignment Agreement

Day 6-7 - Submission

Filing of online TM-P application

Frequently Asked Questions

Explore Trademark Opposition

What is the procedure of Assignment of Trademark in India?

The trademark assignment agreement in India referred to as the Trademark Assignment Document, is entered between the parties being Assignor and Assignee. Once the Trademark Agreement is duly executed, an online trademark assignment procedure is to be followed. This application is filed with the Registry in the prescribed form with the help of registered Trademark Attorney along with the payment of prescribed fee.

Can I assign an unregistered Trademark in India?

Trademarks, like any other asset, can be transferred from one owner to another. Such transfers can take place in the form of an assignment, or merger or amalgamation between two entities. Yes, an unregistered trademark can also be assigned, with or without goodwill by filing an application with the registry.

What care should be taken in respect of the Assignment Deed?

Like any Agreement, the Deed of Trademark Assignment shall be executed after paying the Stamp Duty of as per the prescribed rates by the concerned State Government. The rate of stamp duty shall be calculated on the basis of the consideration agreed by the Parties. In addition to same, the effective date of Assignment shall be expressly provided.

How long the Registry will take to go through the formalities of trademark assignment in India?

The Trademark Registry in India normally takes up to 6 to 8 months to update the data of the transfer. However, where the effective date of transfer is expressly provided in the Trademark Assignment Document i.e. Assignment Deed, the conferred rights are enjoyed by the Transferee from the said date.

What is the Government Fee prescribed for Assignment of Trademark?

A registry has prescribed Rs 9,000/- as a fee payable for application of transfer Trademark ownership i.e. Trademark Assignment in India.

I do not want to transfer the ownership, however want to give rights to use the Trademark to other person. Can I proceed with it?

The owner of the Trademark can provide rights of using the Trademark without transfer of ownership. This is called Partial transfer of Trademark or Licensing of Trademark in India. To affect the said transfer of rights, an Agreement is to be executed by providing all the terms and conditions along with covenants as agreed by the Parties.