Trademark Assignment
Transfer your trademark rights legally and securely.
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. In case of assigning a registered trademark, the transaction required to be recorded in the register of trademarks.
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Restrictions on Assignment
- Assignments creating exclusive rights for more than one person for the same goods/services are not permitted.
- Simultaneous use of assigned marks by different individuals in different parts of the country is restricted.
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Benefits of Assignment
Monetize Your Brand
Owners can liquidate the value of the brand built over years. It allows the assignor to encash their hard work.
Valid Legal Proof
The assignment agreement serves as valid proof of rights for the assignee in case of any future disputes.
Established Brand
The assignee gets to do business with a pre-existing brand, saving time and marketing costs.
Business Expansion
Assignors can expand business horizons by collaborating or transferring rights for specific regions.
Types of Assignment
1. Complete Assignment
All rights including transfer, royalties, and licensing are vested to the assignee.
2. Partial Assignment
Transfer of ownership is restricted only to certain products or services.
3. With Goodwill
Rights and value attached to the brand are transferred for existing and new products.
4. Without Goodwill
Also known as Gross Assignment. Restricts the assignee from using the brand for products already sold by the assignor.
Documents Required
TM Certificate
Copy of Registration Certificate.
Party Details
Details of Assignor and Assignee.
NOC
No Objection Certificate from owner.
File Assignment in 3 Easy Steps
Register & Pay
Select package, fill form in 10 mins & make payment.
We Will Help
Consultation, Drafting Agreement & Collecting Docs.
Assignment Filed
Filed in 7-9 working days*. (Subject to Govt timelines)
Process Timeline
- 1
Day 1 - 3
Collection of Info & Docs · Finalizing terms & conditions
- 2
Day 4 - 7
Drafting Assignment Agreement · Receipt of signed documents
- 3
Day 8 - 9
Filing Assignment Application · *Subject to Govt Processing Time
Family Partitions & Business Splits via Trademark Assignment
In Kerala, family-run businesses often split across generations. The trademark is usually the most contested asset.
Assignment "With Goodwill"
If the father retires and hands the business to the son, a standard assignment deed transfers the brand and the reputation. The son steps into the father's shoes seamlessly.
Assignment "Without Goodwill"
If a large group split, and one partner takes the brand name but starts a new factory in a different location, this might be an assignment "without goodwill." This requires a mandatory advertisement in the Trade Marks Journal and local newspapers to warn the public that the source of goods has changed.
The Stamp Duty Reality in Trademark Assignment
A Trademark Assignment Deed is a legal instrument transferring property.
Kerala Stamp Act
It must be printed on non-judicial stamp paper of appropriate value (usually calculated as a percentage of the "Consideration" or sale price of the brand).
Unstamped Deeds
An unstamped assignment deed is inadmissible in court. If you ever sue an infringer later, they will point out that your ownership transfer was illegal because stamp duty wasn't paid. We ensure all deeds are compliant with Kerala state fiscal laws.
Frequently Asked Questions
A registered owner has the right to sell, license, or transfer the rights to anyone. With assignment, ownership changes to the assignee. This can be done with or without transferring business goodwill.
It involves executing a Trademark Assignment Agreement and filing an online application with the Registry via a registered attorney along with the fee.
Yes, even an unregistered trademark can be assigned (with or without goodwill) by filing the required application and fees.
Typically, the Registry takes 3–8 months to update ownership details. However, rights are recognized from the effective date mentioned in the deed.
Yes, this is known as Trademark Licensing. You can grant usage rights via an agreement without giving up ownership.
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