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A trademark assignment is a transfer of a trademark owner’s interest, title and rights in a registered trademark. In the trademark assignment, the party who transfers the trademark rights is known as the ‘assignor’ and the party to which it is transferred is known as the ‘assignee’.
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Trademark Assignment

An overview- Trademark Assignment in India

A trademark contains a recognizable sign, design, or expression which can identify the products or services of a specific company. And it also helps in distinguishing the products or services from those of others. Trademarks can be owned by an individual, business organization or any legal entity.

Trademark is a type of intellectual property and like any other asset, the owner of a trademark has the right to sell, share, license or transfer the trademark. This type of transfer can be made through Trademark Assignment or licensing.

While in case of licensing, the profits in the trademark continue to vest with the owner and a few rights are given to the third party. The trademark assignment can be done with or without the goodwill of the business. However, trademark assignment must be recorded in the trademark register.

A trademark assignment is a transfer of a trademark owner’s interest, title and rights in a registered trademark. In the trademark assignment, the party who transfers the trademark rights is known as the ‘assignor’ and the party to which it is transferred is known as the ‘assignee’.

Benefits of Trademark Assignment

The following are the advantages of trademark assignment:

Business expansion

Licensing is a type of assignment in which both the assignor and assignee retain the right to associate the brand name with their respective businesses. As a result, both parties' combined efforts generate value and are one of the benefits of trademark assignment. Additionally, with partial assignment, assignment business can be expanded by hiring additional vendors to support and maintain the brand promotion.

Activate value

Among the benefits of trademark assignment is that it enables the brand owner to unleash the value of his brand. Assigning a trademark is critical for the product or service and considerably improves its market entry because it is now associated with a well-known brand.

Sufficient proof

One of the benefits of trademark assignment is that in the event of a trademark dispute, the legal rights to the brand will be easily identified in the deed. The registrar must ensure this by certifying the agreements and their provisions and also by posting them in the journal.

Detailed process of Trademark Assignment in India

The assignment of a trademark occurs when intellectual property rights are assigned or transferred to another party, with or without goodwill. The assignee, or the person who gains qualification through the assignment of a certified trademark, should file the trademark assignment application in the prescribed manner.

  • A trademark assignment application shall be made in Form TM-P by the assignor or assignee, or both parties may jointly request registration of the assignee as a subsequent proprietor.
  • Submit a trademark application to the registrar within six months of acquiring the proprietorship.
  • The application may be filed at a later date, however the applicable fee may vary.
  • In the case of a non-goodwill assignment or an assignment of a certified trademark, the regulation of the trademark registrar is required prior to the expiration of six months from the date of delivery of the assignment or within the extended long term specified by the registrar.
  • Advertise the assignment in the manner and for the duration specified by the registrar.
  • A copy of the registrar's direction and the assignment advertisement must be given to the office to ensure that the directions have been followed correctly.
  • Upon receipt of the trademark assignment application and all needed papers, the registrar, if satisfied, shall register the assignee as the trademark's proprietor and cause the assignment specifications to be recorded in the register.

FAQs on Trademark Assignment in India

A trademark assignment is a transfer of a trademark owner’s interest, title and rights in a registered trademark. The trademark assignment can be done with or without the goodwill of the business.
An unregistered trademark may be transferred or assigned as per the section 39 of trademark law. For the same, the assignor has to furnish Form TM-16 making a request to assign or transfer the unregistered mark.
For assignment of trademark, there exists a trademark assignment agreement between the owner and the assignee during the transfer of the trademark.
In the case of a Complete Trademark Assignment, the registered trademark's owner rights are transferred to a third party. The assignee then becomes the sole owner of the trademark and acquires all of the trademark owner's rights. After acquiring ownership, the transferee has complete authority to assign, trade, and market the property, as well as to prevent others from using it without authorization.
When a trademark is assigned, ownership of the trademark registration is transferred; when a trademark is licenced, the property rights in the trade mark remain with the original owner but only a few limited rights to use the brand/trademark are granted to the third party.

Benefits of trademark assignment-

  • It helps in the expansion of businesses and increases the value of the brand in the market.
  • It keeps the brand alive in the market.
  • It also acts as evidence during any disputes in between the parties.

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