Assigning trademark rights means transferring the owner rights to another person or different owner legally.
It gives clarity of ownership, legal validity of the transfer, and maintaining brand integrity during the change of ownership.
In this article we will discuss trademark assignment in India, Including rules and regulations, process, fee, and many more things.
What is Trademark Assignment Agreement?
Trademark assignment agreement is a written document where one person or a company gives or you can say transfer their trademark rights to another person or company.
The document shows:
- Who is giving the trademark rights
- Who is the receiver
- What type of trademark is benign given and
- When the transfer happen
With this you can have a clear understanding of the trademark transfer.
Types of Trademark Assignment
There are four main types of trademark assignment which are as follows:
Complete Assignment:
Complete interest and title in the trademark are transferred to the grantee owner without any limitation. This includes rights of ownership, control, and power to license for royalty purposes. The original owner can no longer claim or control any rights over the trademark once full assignment is given.
For instance, Anna sells her trademark “FreshBuzz” entirely to Tom, who now owns it and can use it regarding any products, or even further license it: Anna has no more rights left.
Partial Assignment:
Only specific rights are transferred, limited by product categories or services or geographies. The originator retains the remaining rights and may keep using the trademark on other categories or in other regions.
For instance, Emma has transferred the trademark “CoolBrew” to Leo only for tea drinks in northern India, while she keeps on using it for coffee and in other regions.
Assignment with Goodwill:
It means all goodwill related with the trademark, such as reputation, consumer recognition, and market loyalty all gets transferred. This makes the transition for the new owner into the existing brand and benefits seamless.
Example: TechCorp sells BrightLight trademark with goodwill to NewCo. Therefore, NewCo inherits the reputation and loyalty from the customer base of the brand.
Assignment without Goodwill:
Only the trademark rights are transferred and not any reputation or customer recognition associated with the brand. The buyer must use the mark in different product categories to avoid confusion.
Example: Smith assigns EcoHome to Lily without goodwill, so Lily can use the name for cleaning supplies, but not for the home décor products Smith originally sold.
Benefits of Trademark Assignment
These are some benefits of trademark assignment in India:
Legal transfer of ownership: Through a contractual transfer of the trademark the original owner transfers all the rights of the trademark to another person or company. This makes the new owner the official and recognized holder of the trademark.
Business growth opportunities: By getting hold of such trademarks, a company can increase its business by going into the market with strong brands. It is very useful for rapidly conquering new customer bases and markets.
Earn money from the trademark: If a trademark is valuable, the owner has the option to sell it and get paid in return. The businesses can make money from trademarks they do not use anymore in this way.
Transfer of brand reputation and goodwill: Upon transfer of ownership of the brand, the positive image and trust that have been established among customers will move along with the new owner. Therefore, it is quite useful for them to develop their business
Gives legal rights to the new owner: After completion of the assignment, the new owner now has the rights to legally protect the trademark and can take action if used by some other persons.
Reduces confusion and disputes: If the transfer is successfully signed and sealed then it reduces the chances of quarrel and any legal dispute in near future.
Helps in mergers and acquisitions: When corporations are in the process of merging or being sold, trademark assignment is very important as it facilitates the transfer of the brand names and logos together with other assets that are involved.
Process for Trademark Assignment in India
Here is the step by step simple guide to trademark assignment process in India:
1. Prepare the Assignment Deed
A Trademark Assignment Deed must be created.
This legal document shows that the trademark owner (assignor) is transferring ownership to another person or company (assignee).
Documents Required:
- Trademark Assignment Deed (on stamp paper)
- No Objection Certificate (NOC) from the assignor
- Copy of the Trademark Registration Certificate
- Identity & Address proof of both parties
- Power of Attorney (if filing through an agent)
2. Check Trademark Status
Make sure the trademark is registered or the application is pending but accepted.
Also, confirm that there are no restrictions on its transfer.
3. Apply for Assignment with the Trademark Registry
File Form TM-P with the Indian Trademark Office.
Fee Structure:
₹12,000 including trademark assignment form, application filling, government fee, and consulting charges.
4. Submit Documents to the Registry
- Upload or submit all the required documents and the TM-P form.
- Mention whether it is a complete or partial assignment, and with or without goodwill.
5. Examination by the Registry
- The application is examined by the trademark office, whether everything is good to go or not.
- If everything is right, then they record the assignment and further update the ownership of their registry.
- After that it takes around 3 to 6 months for the assignment to be recorded
6. Get Confirmation
- The new owner (assignee) receives confirmation from the Trademark Registry.
- Trademark ownership is officially transferred.
Trademark Assignment Agreement in Guwahati Assam
Regible Corporate Advisor LLP is one of the best legal consultancy in Guwahati Assam, providing trademark assignment agreement services in their local region or in other cities as well, so if you want to transfer your trademark ownership and need some legal consultancy then feel free to contact us anytime. We as a professional legal service provider gives you every information you need to know about your work and also helps you in the process.
Conclusion
Trademark assignment is a long process but we at Regible can make things easier for you whether it’s related to trademark assignment, PSARA License, Society Registration, Company Registration, LLP REGISTRATION, or anything we are here to assist you in any legal help.
It is better to consult first with any legal assistant rather than doing it by itself because at some point you need to consult a legal advisor or personnel to help you in your process.
FAQs
Why trademark assignment is important?
It is important because it gives ownership the rights to take any legal action if anyone uses the trademark without their owner’s knowledge.
Is it possible to transfer a trademark without an agreement?
No, a written agreement is required validating the trademark transfer to another owner.
What do you mean by “Goodwill” in a Trademark assignment agreement?
Goodwill refers to customer reputation tied to a trademark. Most trademark assignments may include the transfer of Goodwill to maintain legal validity.
What is the fee for Trademark Assignment?
The fee we charge at our firm is ₹12,000 including, application filling, government fee, and consulting charges. Contact us for more information.
Who is the best legal consultant for trademark assignment in India?
Regible consultancy comes up the best legal consultant in guwahati assam providing exceptional legal services like trademark assignment agreement, PSARA License and many more.
