In this type of assignment, ownership is transferred only for the specific products or services defined in the Trademark Assignment Agreement.
Unlock the value of your brand by transferring ownership via Trademark Assignment
A trademark is an intellectual property asset that can be sold, licensed, or transferred. This transfer of ownership is carried out through a Trademark Assignment Agreement or by way of licensing.
In a trademark assignment, the ownership of the registered brand is completely transferred from one party to another. On the other hand, licensing allows the original owner to retain ownership while granting specific usage rights to a third party.
Assignments may be made with or without the transfer of business goodwill. Importantly, when a registered trademark is assigned, the assignment must be recorded in the Trademark Register to be legally valid.
Building a brand requires significant investment of time, money, and effort. Trademark assignment in India allows brand owners to monetize the value of their brand, transforming it from a paper right into a tangible asset. Through assignment, the brand’s worth is further enhanced, while the assignor retains the flexibility to set suitable restrictions and conditions as needed.
In trademark disputes, the assignee’s legal rights are secured through a valid trademark assignment agreement. The Trademark Registry reviews the agreement, verifies its clauses for compliance, and formally records the change of ownership. The assignment is then published in the Trade Marks Journal, ensuring transparency and enforceability.
The assignee gains the advantage of acquiring an already established brand, thereby saving substantial time, effort, and investment that would otherwise be required to build brand recognition and goodwill from scratch.
In trademark licensing, the assignor’s business expands as more vendors contribute to brand building. The joint efforts of the assignor and licensee collectively enhance the brand’s market presence and overall value.
Trademark Registration Certificate (if available)
Details and description of the assignor and assignee
NOC from the original trademark owner
All trademark rights, including the ability to assign, license, and earn royalties, are transferred to the third party.
In this type of assignment, ownership is transferred only for the specific products or services defined in the Trademark Assignment Agreement.
In this case, both the value and legal rights of the trademark are transferred to the new owner, enabling them to use the assigned brand name for existing products and services as well as for any future ventures or offerings.
Also known as Gross Assignment, this type of transfer limits the assignee’s rights, restricting the use of the brand name. The assignee cannot use the brand for products already marketed by the assignor, so the associated goodwill remains with the original owner.
Assignments granting exclusive rights to multiple parties for the same goods or services are not allowed.
Concurrent use of the assigned trademark by different individuals in separate regions of the country is not allowed.
The assignment process involves drafting an assignment agreement, collecting required documents, and filing the TM-P form with the Trademark Registry. The Registry then reviews the application and updates the ownership record upon approval.
Yes, both registered and unregistered trademarks can be assigned. However, in the case of an unregistered trademark, the assignment is only valid after public notice and proper documentation to protect the rights of both parties.
Ensure that the Assignment Deed clearly mentions the scope of rights transferred, whether goodwill is included, any territorial restrictions, and the effective date. It should also be signed and notarized appropriately.
The Registry typically takes 2 to 4 months to review and approve a trademark assignment, depending on the completeness of the application and supporting documents.
The government fee for filing a trademark assignment (Form TM-P) is ₹9,000 per mark per class if filed physically and ₹4,500 if filed online. Concessions may apply for startups and MSMEs.
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.
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Liquidate your brand’s value through Trademark Assignment