Trademark Assignment

DOCUMENTS REQUIRED

Trademark assignment agreement
Trademark certificate
NOC
Identity and Address proof of both parties
Copy of advertisement along with a Registrar’s direction.
Signatories and Witness.
Notarization.
Proof of Execution date and place.
Power of Attorney

Assignment of a trademark means to transfer the owner’s right in a trademark to another person. Trademark assignment is a process of transferring the rights of an Intellectual property to sell, license or transfer the owned intellectual property from one person to other. In short, Assignment is a process in which ownership of the trademark is passed from one person to another with or without full rights.

Types of Trademark Assignment

1. Complete Assignment :The transfers of all the rights in the trademark to another person.

2. Partial Assignment: The transfers of rights in the trademark with respect to only specific services or goods to another person.

3. Assignment with Goodwill of Business: The transfer of all the rights, entitlements and values associated with a trademark to another person which allows the other person to use the trademark for all classes of goods or services, including the goods or services which were already in use.

4. Assignment without the Goodwill of Business: The transfer of the rights, entitlements and values associated with a trademark to another person which allows the other person to use the trademark for all classes of goods or services, excluding the goods or services which were already in use.

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Process of Assignment of Trademark

Agreement

An Assignment Agreement for assigning of rights in the trademark from one party to another.

Application Filing

The assignor or assignee, or both, can make a joint request to register the assignment by filing an application of a trademark assignment in Form TM-P to the register of trademarks.

Submission of Forms and Documents

Within a period of six month from the date of the assignment, the Form TM-P must be filed with the registrar of the trademark. The application filed after six months of assignment, shall be filed with additional fees.

Registrar’s Direction

In case of Trademark assignment with goodwill, the direction from the Registrar of a trademark is mandatory before the expiry of 3 months.

The assignment must be advertised as per the direction of the Registrar and copy of the same to be submitted along with the copy of Registrar direction.

Transfer of Ownership

Upon satisfaction of the Registrar, he shall register the assignee as the proprietor of the trademark.

Benefits of Trademark Assignment

Monetization

The trademark assignment enables the trademark proprietor to encash the value of his/her his investment, time and hard work.

Easy Branding

The assignee obtains the rights of an already established brand due to trademark assignment and therefore he/she would not have to work on brand building.

Beneficial for both

The trademark assignment helps both the parties to expand their respective businesses.

Valid Proof

The trademark assignment agreement enables both the parties to establish their legal rights in case of any dispute.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What can be protected?	Product, Service, Word, Device, Collective Mark, Numbers, Certification Mark, Packaging, Shape, Colour, Pattern, Sound, Symbol, Slogan, Tag line.	Inventions, Product or Process.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films etc.
Eligibility	Distinctiveness and Uniqueness.	Novel, Unique and Industrial applicability.	Unique and Original work
Validity	10 years	20 years	Author’s lifetime + 60 years.