Trademark assignment is the transfer of ownership of a trademark through sale, license, or transfer, like any other asset. It can be done through assignment or licensing.
- Through trademark assignment, brand owner can unlock the value of the brand.
⦁ Assignee benefits by starting with a previously well-known brand.
⦁ In case of disputes, legal rights can be established through the assignment.
⦁ The Registrar ensures validity of assignment by checking all clauses in the assignment deed and declaring it in the Trademarks Journal.
- Assets to be assigned
⦁ Pending trademark applications.
⦁ Issued trademark registrations.
⦁ Associated marks, applications or registrations.
⦁ International registrations.
⦁ Common law trademarks.
⦁ Names of living or deceased individuals.
⦁ Domain names, email accounts, social media or website accounts, etc.
⦁ Execution requirements
⦁ Execution date and place.
⦁ Power of attorney.
- Certificate of Trademark Registration (if any).
⦁ The assignor and assignee’s name and description.
⦁ No Objection Certificate (NOC) from the original owner of the registered trademark.
To register a trademark assignment in India, the following documents are required:
⦁ Copy of the logo or word mark
⦁ Form-48 (authorization from the applicant to a Trademark Attorney)
⦁ Identity proof of the individual or proprietor
⦁ Address proof of the individual or proprietor.
Assignment in trademark with goodwill-
⦁ Trademark assignment allows the transfer of ownership rights and associated brand value to another party for use in a specific business field. The new owner can utilize the trademark’s reputation for future business opportunities.
Assignment in trademark without goodwill-
Trademark assignment allows transfer of ownership and use rights of a trademark in a specific field of business. It can also include a joint use agreement between the assignor and assignee, known as a “co-existence” or “co-use” agreement.
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