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Trademark Assignment

Trademark Assignment

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    Trademark Assignment

    Obtain Trademark Assignment with our legal services creative work!

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      6000 +
      Business served
      9.6/10
      Customer Ratings
      100 %
      Satisfaction

      What is a Trademark Assignment?

      Trademark is an intellectual property and an intangible asset to the owner. Thus, it can be sold, transferred or licensed to any other person. Such a transfer can be made through Trademark Assignment Agreement or Licensing.

      The difference between Assignment and Licensing is that when a trademark is assigned there is a change in the ownership of the trademark whereas when a trademark is licensed, the rights of the trademark continue to vest with the original owner but only a few restricted rights are given to the third party.

      Types of Trademark Assignment in India:

      Based on the need and requirement, the types of trademark assignment can be categorized into the following types:

      Complete Assignment:

      In this case, all the rights that are vested in the registered trademark are assigned to the third party. The assignee then enjoys all the rights that the original trademark owner had. The assignee would then be the sole owner of the trademark having rights to assign, trade, and market it and also to stop others from using it without authorization.

      Assignment with Goodwill:

      In this type of assignment, the assignor allows the usage of the trademark for all the products and services sold by the assignee. The rights and value associated with the trademark are transferred to the assignee who can use the trademark on all the goods and services sold by the assignee.

      Partial Assignment:

      In this type of assignment, the transfer of ownership is restricted only to certain products/services as decided by the parties and expressed in the Trademark Assignment Agreement. For example: if a trademark owner mentions in the assignment agreement that his trademark can only be used on products that are fit for human consumption, then the assignee cannot use the trademark for any other products other than the products fit for human consumption.

      Assignment without Goodwill:

      Here, the assignor can restrict the assignee’s rights for the product already used by him. This means that assignor & assignee both can use the same trademark but in distinct goods or services.

      Benefits of Trademark Assignment:

      Monetization

      Trademark Assignment enables the original owner of trademark to monetize by transferring the right of the trademark to the third party. Additionally, the assignor can always put appropriate restrictions of usage in the assignment agreement that will prevent the third party to hamper the brand in any way.

      Enable to Start with a Pre-established Brand Name

      Not only does Trademark Assignment helps to monetize but also it is beneficial to the third party as it gets an opportunity to deal in an already existing and established a brand name. The time, efforts and investment for creating brand value are saved for the third party to whom the trademark is assigned.

      Determining the value of the brand

      Trademark assignment also helps to determine the value of the trademark. The value of the trademark in turn indicates the value of the brand.

      Documents required for Trademark Assignment:

      Certificate of Trademark

      Certificate of Trademark received against the trademark registration applied for previously.

      Details of both the parties

      Name and description of the assignor and assignee

      No Objection Certificate

      No Objection Certificate from the original owner of the registered trademark

      Trademark Assignment Process:

      Day 1-2:
      • Discussion and collection of basic Information
      • Finalize the terms and conditions
      • Finalize the type of agreement
      Day 3-5:
      • Drafting of Trademark Assignment Agreement by Professionals
      Day 6-7:
      • Filing of Trademark Assignment Application
      Day 1-2:
      • Discussion and collection of basic Information
      • Finalize the terms and conditions
      • Finalize the type of agreement
      Day 3-5:
      • Drafting of Trademark Assignment Agreement by Professionals
      Day 1-2:
      • Discussion and collection of basic Information
      • Finalize the terms and conditions
      • Finalize the type of agreement
      Frequently Asked Questions

      All you need to know before applying for Trademark Assignment:

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