What is Trademark Assignment?

Trademark Assignment is the legal process of transferring ownership of a registered trademark or an application from one person or entity (the assignor) to another (the assignee). This transfer can be for all rights associated with the trademark or limited to specific goods, services, or geographical areas.

 

Types of Trademark Assignment

  • Assignment in Whole: Transfer of complete ownership and all rights in the trademark.

  • Assignment in Part: Transfer of rights only for certain goods, services, or regions, while the assignor retains rights in others.

 

When Does Trademark Assignment Occur?

Trademark assignments typically occur during:

  • Business sales or mergers.

  • Licensing agreements where ownership is transferred.

  • Settlement of disputes or as part of commercial arrangements.

  • Succession or inheritance cases.

 

Legal Requirements for Trademark Assignment in India

  • The assignment must be in writing and signed by both parties.

  • It must specify the goods or services covered by the trademark.

  • The assignment document should be duly stamped as per the Indian Stamp Act.

  • The assignment must be registered with the Trademark Registry to be effective against third parties.

 

How to Register a Trademark Assignment?

  1. Prepare the Assignment Deed: Detailing terms and conditions, parties involved, and scope of the assignment.

  2. File Form TM-P (Request for Recordal of Assignment): Submit the assignment deed along with the form to the Trademark Registry.

  3. Payment of Government Fees: Applicable fees must be paid based on the nature of assignment.

  4. Verification and Recording: The Trademark Office verifies the documents and records the assignment in the Register of Trademarks.

  5. Issuance of Confirmation: A confirmation or endorsement of assignment is issued to the assignee.

 

Why is Registration of Trademark Assignment Important?

  • It ensures the new owner’s rights are officially recognized and enforceable.

  • Protects the assignee from disputes with third parties or previous owners.

  • Helps maintain clear and updated trademark ownership records.

 

How We Assist with Trademark Assignment

  • Drafting and reviewing assignment agreements tailored to your needs.

  • Ensuring compliance with all legal formalities and stamping requirements.

  • Filing and tracking the assignment application with the Trademark Registry.

  • Advising on rights and liabilities post-assignment.

 

Need Assistance with Trademark Assignment?

Whether you are buying, selling, or transferring trademark rights, our expert legal team can guide you through the entire process smoothly and efficiently. Contact us today to secure your intellectual property rights through proper trademark assignment.