Trademark Assignment

A Trademark Assignment refers to the process by which the ownership of a registered trademark or a trademark application is transferred from one party (the assignor) to another (the assignee). This is different from a trademark license, where only the rights to use the trademark are granted, but ownership remains with the original owner.

Assignment ensures that the exclusive rights attached to a trademark, such as the right to use, sell, or earn royalties, are legally transferred to the new owner.

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Benefits of Trademark Assignment

  • Full Ownership Rights – The assignee becomes the legal owner of the trademark.
  • Protection from Infringement – Legal authority to prevent unauthorized use.
  • Commercial Value – Trademark can be sold, licensed, or franchised.
  • Brand Continuity – Maintains brand identity and supports business expansion.

Types of Trademark Assignment

Assignment with Goodwill

The trademark is transferred along with the reputation, customer base, and business value associated with it, ensuring continuity of the brand’s identity and market trust.

Assignment without Goodwill

Only the rights to the trademark are transferred, without transferring the business reputation or customer relationships, meaning the assignee can use the mark but not inherit the goodwill.

Complete Assignment

Full ownership and all rights of the trademark are permanently transferred to the assignee, who gains complete control for use, licensing, or enforcement, while the original owner loses all legal claims.

Partial or Limited Assignment

Ownership of the trademark is transferred only for specific goods, services, or regions, while the original owner retains rights for the remaining categories or markets.

Territorial Assignment

The rights are assigned for use in particular geographic regions or countries, making it useful for businesses operating in multiple markets.

Conditional Assignment

The transfer includes specific terms, restrictions, or limitations, such as limited usage rights, time-bound transfers, or licensing conditions.

Steps to Get a Trademark Assignment

  • Verify the trademark is registered and the owner has rights to assign.
  • Draft a legal assignment agreement with all terms of transfer.
  • Execute the agreement with signatures of both parties.
  • Prepare required documents: assignment deed, registration certificate, Power of Attorney, and other supporting papers.
  • File Form TM-P with the Trademark Registry and pay the government fee.
  • Registrar examines the application for accuracy and compliance.
  • Publication in the Trademark Journal for public notice.
  • Registrar records the assignment, granting the assignee full legal rights.

Documents Needed for Trademark Assignment

Details of both parties

Power of Attorney

Trademark Registration Certificate

Assignment Deed/Agreement

No Objection Certificate (NOC)

Frequently Asked Questions About Trademark Assignment

A Trademark Assignment is the process of transferring ownership of a registered trademark or a trademark application from one person/company (assignor) to another (assignee).

In assignment, the ownership rights of the trademark are permanently transferred to the assignee. In licensing, the owner only grants permission to use the trademark without transferring ownership.

The owner of a registered trademark or an applicant with a pending trademark application can assign their rights, either fully or partially, to another individual, company, or legal entity.

Yes. According to the Trade Marks Act, 1999, the assignment must be recorded with the Registrar of Trademarks within 6 months of the agreement (extendable to 12 months with additional fees).

  • Complete Assignment

  • Partial Assignment

  • Assignment with Goodwill

  • Assignment without Goodwill

  • Assignment Deed/Agreement

  • Trademark Registration Certificate

  • Details of Assignor & Assignee

  • Power of Attorney (if applicable)

  • No Objection Certificate (if required)