Trademark Assignment

OVERVIEW

What is Trademark Assignment?

When you own a trademark, it's like owning any other type of property. You have the right to sell it, allow someone else to use it through licensing, or transfer ownership through a Trademark Assignment Agreement. When you assign a trademark, the ownership of the registered brand changes hands. But when you license it, you retain ownership and only give the other party limited rights. Whether or not the transfer of business goodwill is included in the assignment depends on the agreement. If the trademark is registered, the assignment needs to be recorded in the Register of trademarks.


BENEFITS

Benefits of Assignment of Trademark in India

Get your trademark's value

When you create a brand, it can be a huge investment of your time, money, and hard work. By assigning a trademark in India, the owner of the trademark can turn that investment into real money. They can now cash in on the value of a brand that was previously just an idea on paper. The collaboration between parties can increase the value of the brand even more, and the person assigning the trademark has the ability to put in place any restrictions they deem necessary.

Assignment Agreement is Valid Proof

If any dispute arises regarding a trademark, the legal rights of the assignee can be easily established through the trademark assignment agreement. The Registry examines the validity of all clauses in the agreement and publishes the assignment in the Trade Marks Journal, ensuring that all necessary checks are in place.

Pre-established brand name

The assignee benefits from dealing with an established brand name that already has value. This saves the assignee time, effort, and investment that would otherwise be necessary to create brand value.

Expansion of business

When a trademark is licensed, it can lead to an increase in the assignor's business as more vendors join in contributing to brand building. The combined efforts of the assignor and assignee can help to propel the brand's value forward.


ONLINE REGISTRATION

Documents required for Trademark Assignment in India


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TM Certificate

Certificate of Trademark Registration (if any)

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Details of the Party

Name and description of the assignor and assignee

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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.


Assign Trademark in 3 Easy Steps

1. Answer Quick Questions
  • 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

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

Explore Trademark Opposition

Frequently Asked Questions


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.

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.

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.

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.

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

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.