Benefits of Trademark Assignment
Get Value out of your Trademark
Creation of an established Trademark involves a lot of monetary expenses, time and hard work and a lot other strain and pains. With assignment of trademark, the owners of the same can liquidate the value of the brand, which he built with his efforts. With trademark assignment, the mark could establish even sounder as a new team joins to business with proper terms and conditions to retain the quality of products/services, served through the assigned mark and violation of the terms of use by assignee may end up in termination of agreement.
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Assignment Agreement is a valid proof
The legal rights of assignee over the assigned mark shall be easily through the trademark assignment agreement in case of any trademark related dispute. The registry of trademarks ensures the validity of all the clauses mentioned in the assignment agreement and on finding intact, will publish the assignment in the Trademarks Journal.
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Pre-established brand name for Assignee
The assignee gets the benefits of doing business with a pre existing and established brand name. Hence, he can save the time, financial investment and effort to create brand value.
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Expansion of Business for Assignor
By assigning a trademark, assignor’s business reaches more heights by the combined efforts of both assignor and assignee as well the brand value too hikes with the expansion of business.
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Documents Required for Trademark Assignment
- Trademark Registration Certificate Copy of Trademark Registration Certificate
- Details of the party Details of the Assignor and Assignee
- No Objection Certificate No Objection Certificate from the registered owner of Trademark
Types of Trademark Assignments in India
Complete Assignment
All rights on the trademarks are vested to the assignee, including the right to transfer further, to earn royalties, to license, etc.
Partial Assignment
With this type of Assignment, the transfer of ownership is restricted only to certain products/services as decided in the Trademark Assignment Agreement.
Assignment with Goodwill
With this type of assignment, the value and rights attached to trademark are also transferred, which enables the assignee (new owner) of the mark to use assigned brand name with products and services already sold under the brand name and to use the acquired trademark for any new venture or products the new owner creates or manufactures.
Assignment without Goodwill
This type of Assignment also known as Gross Assignment, where the brand owner restricts the rights of assignee, limiting user rights and prohibiting him/her from using the brand name for the products already in use by 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.
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Trademark Assignment in 3 Easy Steps
- Fill up the registration form
Select any package suits your requirement
Fill up the form which will take less than 10 minutes
Make payment through secure payment gateway.
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Consultation for selecting right type of Assignment
Provide details & upload documents required for Trademark Assignment
Drafting of Documents & Agreements
- Receipt of signed documents and Agreement by the parties
Preparation and filing of Trademark Assignment Application
Your Assignment Agreement is filed
All it takes 7 – 9 Working Days
*Subjected to Government Processing Time
The Process of Trademark Assignment
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Day 1 – 3
Collection of Information
Collection of required Documents
Discussion on type of Trademark Assignment Agreement
Finalizing terms and conditions
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Day 4 – 7
Drafting of Documents by professionals
Drafting of Trademark Assignment Agreement
Sending the documents and agreement to parties for getting signed
Receipt of signed documents and agreement
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Day 8 – 9
Preparation and filing of Trademark Assignment Application
Your Assignment Agreement is filed
*Subjected to Government Processing Time
Enquiry
FAQ
What is Trademark Assignment?
A registered owner of the Trademark has the right to sell, license, or transfer the rights to anyone as it is an Intellectual Property owned by him. Such transactions can be done either through Trademark Assignment Agreement or through Licensing. With a trademark assignment, the ownership of registered trademark changed to the assignee. Trademark Assignment can be made with or without transferring business goodwill.
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?
Yes, an unregistered trademark also can assign, with or without goodwill by filing an application with the registry on prescribed form with fees.
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 3 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.
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.