Online Trademark Assignment

Hassle free Transfer of Ownership through trademark assignment process.

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About this Plan

If you are planning to expand your business with new business partners, franchisee model etc. or altogether want to transfer the entire business to another party and transferring your registered trademarks or assigning the associated intellectual property rights then it is termed as Trademark Assignment. Under this plan we provide related consultancy, preparation of assignment deed and filing of required Forms with the department.

Services Included in the Package

  • Drafting of deed for both the parties.
  • Trademark assignment agreement.
  • Filing of assignment application.
  • Preparation and filing of assignment forms.

Who should go for it?

  • Anyone willing to transfer their intellectual property rights.
  • This transfer can either be complete or partial assignment of rights.
  • Examples of such situation is when anyone is granting a franchisee, right to use the IPR of the brand is also granted to the franchisee, or trademark assignment to new business partners.

Steps followed in the Process

  • Subscribe our Trademark Registration Plan
  • Submission of all the required documents
  • Finalizing the details of assignment
  • Drafting of trademark assignment agreement
  • Filing of required Forms for registration of trademark assignment.
  • Public advertisement of such assignment registration

Documents Required

  • PAN Card of both the parties
  • Address proof of both the parties
  • Power of Attorney in favor of Trademark Agent
  • Original Trademark registration Certificate
  • Trademark assignment deed
  • Signed forms of assignment registration
  • Address proof for the location of a business
  • Date of assignment

If Company/LLP/Partnership is a party to the assignment

  • Incorporation Certificate of the company
  • Incorporation document of the company (MOA & AOA/ LLP Agreement/ Partnership Deed)
  • Power of Attorney in favor of Trademark Agent
  • Board Resolution affecting such assignment
Frequently asked Questions

Q1. What is the trademark assignment?

Any kind of transfer of ownership or transfer of intellectual property rights created after trademark registration is legally termed as Trademark assignment. This trademark assignment can either be complete or partial in nature. Partial assignment is termed as licensing./p>

Q2. What are different types of Trademark assignment?

There are different types of Trademark assignment possible. The parties to the such assignment can choose the type of assignment based on the their specific requirements. Following are the type of trademark assignment possible in India:

Complete Assignment

In this case all the rights associated to such trademark are assigned to the assignee and that person becomes the sole owner of the trademark.

Partial Assignment

Here, only certain rights specific to a set of goods or services are assigned.

Assignment with goodwill

In this case the assignment is done with goodwill i.e. the value associated with it or for the same products as is used by the assignor.

Assignment without Goodwill

Here, the assignment is done without goodwill, i.e. such assignment is for products not dealt in by the assignor.

Q3. What are the restrictions on Trademark assignment?

The owner of every trademark has the right to assign such trademark either completely or partially to any other party. However, there are certain situations under which trademark assignment is not allowed:

  • If exclusive rights are created in favor of two or more parties in respect of same goods or services, them such an assignment is considered to be invalid.
  • If such assigned trademark is utilized by more than one individual in different regions of the country then it is also not allowed. This is restricted as this can confuse the final customer.

Q4. What are the benefits of trademark assignment?

There are various benefits of trademark assignment. Few such benefits are listed below:

  • It provides monetary benefits in the form of fees received against such trademark assignment.
  • Helps in promotion of your brand value
  • Minimum investment in trademark registration secures your brand and through further assignment of your trademark you can also earn royalty.
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