Information

Trademark assignment is the transfer of ownership of a trademark application or trademark registration from one entity to another. The transferring party called the assignor; transfers to the receiving party called the assignee its property rights in the trademark. A trademark is usually assigned by the execution of an agreement between the parties known as the Trademark Assignment Agreement. The most important requirement for a valid assignment agreement is that it must show intention the part of the assignor to transfer complete or partial ownership of the mark.

Instances wherein the restriction to the assignment is provided which are given below:

  • Assignment which creates exclusive rights for more than one person with respect to the same goods or services.
  • If the assigned marks are used simultaneously by different individuals in different parts of the country then the assignment is not permitted as it would deceive or cause confusion.

Trademark may be assigned or transferred to another entity in any of the following manners:-

  • Complete Assignment to another entity - The trade mark owner transfers all the rights that are related to the registered trademark to another entity i.e Third Party, including the transfer of the rights such as right to further transfer, to earn royalties, etc. The assignee then enjoys all the rights that the original trademark owner had. And would be the single owner of the trademark having rights to assign, trade, and market it and also to stop others from using it without authorisation.
  • Partial Assignment or Assignment to another entity but with respect to only some of the goods / services - Transfer of ownership is restricted only to certain products/services as decided by the parties and expressed in the Trademark Assignment Agreement. The owner could retain the right to any transfer, to earn royalties etc.
  • Assignment with goodwill - A Trademark assignment made with goodwill is when the rights and value associated with the trademark are given to another entity for using the mark for the products and services it sells or provides
  • Assignment without goodwill - This assignment involves the assignor can restrict the assignee’s rights for the product already used by him. This means that assignor & assignee both can use the same trademark but in distinct goods or services.

Benefits of Assignment of Trademark :-

  • Beneficial and Security to both the assignor and assignee
  • Exemption from investing a lot of money, time and labour in the creation and marketing of the brand.
  • Business Expansion
  • Keeping the brand alive that avails many benefits to the assignee and the assignor
Information

Trademark assignment is the transfer of ownership of a trademark application or trademark registration from one entity to another. The transferring party called the assignor; transfers to the receiving party called the assignee its property rights in the trademark. A trademark is usually assigned by the execution of an agreement between the parties known as the Trademark Assignment Agreement. The most important requirement for a valid assignment agreement is that it must show intention the part of the assignor to transfer complete or partial ownership of the mark.

Instances wherein the restriction to the assignment is provided which are given below:

  • Assignment which creates exclusive rights for more than one person with respect to the same goods or services.
  • If the assigned marks are used simultaneously by different individuals in different parts of the country then the assignment is not permitted as it would deceive or cause confusion.
Trademark may be assigned or transferred to another entity in any of the following manners:-
  • Complete Assignment to another entity - The trade mark owner transfers all the rights that are related to the registered trademark to another entity i.e Third Party, including the transfer of the rights such as right to further transfer, to earn royalties, etc. The assignee then enjoys all the rights that the original trademark owner had. And would be the single owner of the trademark having rights to assign, trade, and market it and also to stop others from using it without authorisation.
  • Partial Assignment or Assignment to another entity but with respect to only some of the goods / services - Transfer of ownership is restricted only to certain products/services as decided by the parties and expressed in the Trademark Assignment Agreement. The owner could retain the right to any transfer, to earn royalties etc.
  • Assignment with goodwill - A Trademark assignment made with goodwill is when the rights and value associated with the trademark are given to another entity for using the mark for the products and services it sells or provides
  • Assignment without goodwill - This assignment involves the assignor can restrict the assignee’s rights for the product already used by him. This means that assignor & assignee both can use the same trademark but in distinct goods or services.
  • Beneficial and Security to both the assignor and assignee
  • Exemption from investing a lot of money, time and labour in the creation and marketing of the brand.
  • Business Expansion
  • Keeping the brand alive that avails many benefits to the assignee and the assignor