Trademark Assignment

MEANING OF TRADEMARK ASSIGNMENT?

Like any other asset, the trademark can also be transferred to another person for commercial purposes. The process of assigning the trademark’s ownership title either partially or fully to a person on consideration is known as an assignment of the trademark. A contract will be created in the form of the deed by the assignor and assignee for the purpose of conducting Trademark Assignment and the assignee must apply to the registrar of trademarks within 6 months from the date of assignment.

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TYPES OF TRADEMARK ASSIGNMENTS

COMPLETE ASSIGNMENT: Under this assignment, the complete ownership of the trademark will be transferred to the assignee and no further rights of ownership shall vest with the assignor.
SPECIFIC ASSIGNMENT: When only special rights to use the trademark is made available in the agreement then such assignment is known as a specific assignment.
ASSIGNMENT WITH GOODWILL: The transfer of the rights will also include the transfer of goodwill. The computation of the goodwill amount will be done separately in the agreement.
ASSIGNMENT WITHOUT GOODWILL: Sometimes only the ownership or rights alone will be transferred and the goodwill remains with the assignor. They are also known as gross agreement.

ADVANTAGES OF ASSIGNMENT

USE WELL KNOWN BRAND NAME: The assignee will have the advantage of entering a market with an already existing and established brand name that negates the risk of being a fresher in the market.
ADDS VALUE: The assignee can add value to its products by acquiring a well-known brand name through the process of assignment.
ACTS AS EVIDENCE: An agreement made is always a valid proof when a dispute arises. Therefore assignment helps in reducing risks of fraud.

DOCUMENTS REQUIRED

IDENTITY PROOF OF BOTH PARTIES ( passport, driver’s license, voters ID, Aadhaar card or ration card)
COPY OF ASSIGNMENT AGREEMENT
FORM TM-P
PAYMENT OF FEE

Registration Process

PROCEDURE FOR ASSIGNMENT OF TRADEMARK

The parties must identify the type of assignment they wish to have, either with or without goodwill.
With the help of a professional, they must draft an agreement expressing their terms and conditions.
An application has to be made to registrar using TM-P form and other documents within 6 months from the date of formation of the agreement.
The registrar shall advertise the application
A copy of the direction of the registrar and advertisement of the assignment has to be submitted before the office of Trademark Registry to ensure that the directions have been followed accordingly or not.
The registrar after scrutiny will enter the assignment in the register.

Package

Basic

4999 /-

Price- 4,999/- + Govt. Fees.

Package Includes:

Assignment Deed Drafting
Assignment Application Preparation
Free Expert Support
Status Update

(Professional Fees)

FAQs

Is licensing of trademark assignment mandatory ?

The licensing of the assignment is voluntary. But it is advisable to get the trademark licensed as it has many merits to it and acts as valid proof to the assignment.

Can an assignment be licensed after monthsâ€™ time limit ?

An application must be made to the registrar within 6 months from the date of making an agreement. But the extension of the time period is under the discretion of the registrar.

What is the difference of assignment and licensing of assignment ?

A person can just merely create an assignment agreement for the transfer of rights or get it licensed through registrar by applying for licensing. The latter one is more advisable as it creates a protective shield to the assignee.

What are the documents required for licensing a trademark assignment ?

A valid identity proof of both parties, a copy of the assignment agreement and a filled form TM-P of Trademarks Act 1999 must be produced along with fee payment.