Trademark Assignment in India

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  • Power of Attorney (TM-48)

  • Drafting & Filing of Assignment Application with Registry Online

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We draft everything needed in the preparation of the application.

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The assignee can use your mark as per the terms of the agreement dated. (Govt. Processing Time) We will keep you updated on the status. Trademark registry may take 6 months to update their records.

Trademark Assignment:
An Overview

Trademark Assignment and Transmission is a process in which full or partial rights are transferred to another party based on the terms and conditions of the trademark owner. Trademarks can either be registered or unregistered. And they can be assigned or transferred with or without the goodwill of the business concerned.

A trademark assignment allows the owner to monetize their intellect, efforts, time, and money. Likewise, it is important to register the assignment since the assignee's name is updated in the trademark register. The updated Registry will serve as a public notice.

What is the need for a Trademark Assignment?

Business expansion

In assignment and transfer, an owner can use his Trademark in more than one place at a time and expand his business. It is also possible for the owner to assign a trademark to more than one person by giving partial authority.

Encash the Brand Value

Owners of trademarks can encash the value of the brand through an assignment.

Benefits of an established brand

By using a trademark, an assignee can create their market. And By not spending money on marketing to establish a brand, the assignee also saves money and resources.

Assignment Agreement is Valid Proof

The assignee's legal rights could easily be determined via the trademark assignment agreement in a dispute over a trademark. By inspecting all the clauses in the agreement and publishing it in the Trademarks Journal, the Registry ensures complete registration.

What are the Types of Trademark Assignment?

Complete Assignment and Transmission

It transfers all rights, including the right to make further transfers, royalties, etc., from one person to another.

Partial Assignment

The transfer of ownership pertains only to specific services or products.

Assignment with goodwill

It refers to transferring all rights and values associated with a trademark from one party to another.

Assignment without goodwill

It is the transfer of a trademark by its original owner to be used for purposes other than the original.

What are the restrictions in Trademark Assignment?

Parallel use Restriction
There is a likelihood of deception or confusion when the trademark owner is assigned to different people devoted to selling the same or similar goods or services. Therefore, multiple exclusive rights to the same or similar goods or services in other persons are prohibited.

Multiple Territorial use Restriction
In different parts of India, an assignment can result in exclusive rights for the same or similar goods or services. Therefore, the assignment of scattered rights in other parts of India is not allowed.

List of Documents Required for
Trademark Assignment

  • Trademark Registration Certificate(if applicable)

  • Details of the Assignor and Assignee

  • No Objection Certificate(NOC) issued by the original trademark owner

  • Trademark Agreement or Terms agreed Upon (if available)

  • Details of the Assignment (if applicable)

  • Power of Attorney to file the Assignment application


*We will collect additional documents based on the information you provided to the filingbee.

Here Are Some Frequently Asked Questions

The trademark owner entered in the register of trademarks has the right to assign it and give the effectual receipt of any consideration for its assignment.

The ownership of trademarks, like all assets, can be transferred. Often, such transfers are made in the form of the assignment of ownership or through the merging or amalgamating of two entities. It is possible to assign an unregistered trademark, with or without goodwill, by applying with the Registry.

  1. The assignment must be in writing;
  2. It is possible to assign both registered and unregistered trademarks;
  3. Assignments can be made with or without the goodwill of the company;
  4. The assignment of rights and title asserts the rights and title of the assignee, not the registration of that title;
  5. A trademark assignment registration is only prima facie evidence of ownership;

Trademarks are generally assigned by executing an Assignment Agreement, which pertains to transferring the mark from the owner to the assignee. When drafting such an agreement, it must be ensured that:
  • As a result of the obligations included, the rights of the brand owner are not impaired.
  • It is explicitly mentioned and negotiated whether the assignment should be with or without the business's goodwill.
  • It is essential to draft the agreement with the purpose of the transaction in mind.

In a licensing agreement, the owner of a mark permits others to use it without transferring the ownership, and the same can be done for all or some of the covered goods and services. A "license" is not mentioned in the Trademarks Act; instead, it refers to "registered uses."
  • Complete assignment to another entity- The owner transfers complete ownership of a trademark to another entity, including all rights relating to the Trademark, including the right to transfer, earn royalties, etc. (Example: A, the brand owner sells his Trademark to B through a contract. After this, A loses all ownership rights to the mark)
  • Assignment to another entity, but only with respect to specific goods/services- The transfer of ownership is restricted to particular products or services only. This is called a partial assignment.
  • Assignment with goodwill- In this case, the brand rights and value associated with a product are also transferred to another party. But the ownership rights remain intact.
  • An assignment without goodwill- This type of assignment is also known as a gross assignment, which occurs when the buyer cannot use the original owner's brand. In this way, goodwill associated with such a brand is not transferred to the buyer of the product already sold under such a brand.

The trademark registry prescribes a government fee of Rs. 9000/- as applicable

To update the data of a trademark transfer in India, the Trademark Registry typically requires six to eight months. However, where the effective date of transfer is explicitly stated in the Trademark Assignment Document, i.e., Assignment Deed, the transferee inherits the rights upon the effective date.

There is a likelihood of deception or confusion when the trademark ownership is assigned to different people devoted to selling the same or similar goods or services. Therefore, multiple exclusive rights to the same or similar goods or services in other persons are prohibited.

An assignment can result in the creation of exclusive rights, in different parts of India, for the same or similar goods or services. Therefore, the assignment of scattered rights in other parts of India is not allowed.

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