Trademark Assignment

THE PROCESS BY WHICH OWNERSHIP OF A REGISTERED TRADE MARK / TRADE MARK WHOSE REGISTRATION IS BEING SOUGHT, IS PASSED FROM ONE PARTY TO ANOTHER IN RESPECT OF ALL GOODS /SERVICES OR SOME OF SUCH GOODS/SERVICES FOR WHICH THE MARK IS REGISTERED.
Trademark Assignment is the action or process of transferring ownership and rights with/without the reputation related with a trademark to another entity partially or wholly by the original owner of the trademark, with or without some specified restrictions. The trademark assignment is made by way of a trademark assignment agreement, while the licensing is done by means of a license agreement.

WHO CAN ASSIGN?

Registered proprietor of subsisting trademarks can assign his trademarks to subsequent users.

WHAT CAN BE ASSIGNED/TRANSMITTED?

Any registered trade mark can be assigned or transmitted

REGISTRATION OF ASSIGNMENTS/TRANSMISSIONS

A request can be made for correction of data entry error, if officer satisfied that errors exists after verification of relevant document, a correction shall be made in the system along with the remarks.

REGISTRATION OF REGISTERED USER

A person other than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered.
An Application for registration of registered user will be filed by the registered proprietor and proposed user jointly in prescribed form and fee along with supporting documents as in the manner as prescribed in the Trademarks Act and rules therein.

Complete Assignment

All the rights vested in the trademark are assigned to the third party, including the rights to further transfer, to earn royalties, to license, etc.

Assignment limited to only some goods/ services

In this assignment, the transfer of ownership is restricted only to certain products/services as decided in the Trademark Assignment Agreement.

Assignment with Goodwill

In this case, the value and the rights attached to the trademark are also transferred. This makes new owner of the trademark eligible to use the assigned brand name with respect to the products and services already sold under the brand name. Also, it grants permission to use the acquired trademark for any new venture or product the new owner creates or manufactures.

Assignment without Goodwill

Also known as Gross Assignment, here the brand owner restricts the rights of the assignee, limiting user rights of the new assignee and prohibiting him/her from using the brand name for the products already in use by the assignor. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand is not transferred to the buyer.

WHAT ARE THE BENEFITS OF TRADEMARK LICENSING?

1) Trademark Licensing helps the brand owner to grow his reach by partnering with others who are into similar business.
2) It helps well established brands to earn royalty through licensing and maintain quality of products.
3) For small entrepreneurs getting a license to use large brands will provide large business opportunities.
4) Trademark licensing is heart of Software and Pharmaceutical businesses

OUR SERVICE PACKAGE INCLUDE

• Free Consultation
• Free Trademark search Report
• Documentation
• Online Application Filing
• Reply to objections and Oppositions
• Hearing Appearance
• Continuous Status Update
• Registration Certificate