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.
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.
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.
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.
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.
Copy of Trademark Registration Certificate
Details of the Assignor and Assignee
No Objection Certificate from the registered owner of Trademark
All rights on the trademarks are vested to the assignee, including the right to transfer further, to earn royalties, to license, etc.
With this type of Assignment, the transfer of ownership is restricted only to certain products/services as decided in the Trademark Assignment Agreement.
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.
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.
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Step 03
Your Assignment Agreement is filed
All it takes 7 – 9 Working Days*
*Subjected to Government Processing Time
