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.
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.
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.
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.
Distinctiveness and Uniqueness.
Novel, Unique and Industrial applicability.
Unique and Original work
Author’s lifetime + 60 years.