What is the Trademark Assignment?

Trademark Assignment is a process of transferring the ownership and proprietary rights of the trademark to a third party with or without the goodwill of the business.

Are Trademark Assignment and Trademark Transmission same?

Yes, Trademark Assignment and Trademark Transmission both refer to the transfer of ownership of the trademark to another party.

Can you assign an Unregistered Trademark?

Yes, a significant change is made to the Trademark Act after which even unregistered trademarks can be assigned with or without goodwill.

What are the different types of Trademark Assignment?

There are four types of Trademark Assignment in India.

• Complete Assignment
• Partial Assignment
• Assignment with Goodwill
• Assignment without Goodwill

What is meant by Assignor and Assignee?

The person selling a trademark is known as an assignor while the other party to which it is sold is called an assignee.

What are the merits of Trademark Assignment?

During a Trademark Assignment, both the parties are benefitted. While the assignor gets a good amount for his/her brand name the assignee will have an already established brand.

When can you apply for Trademark Assignment?

One can apply for a Trademark Assignment within 6 months of registration or after 6 or 12 months of registration.

What are the reasons of Trademark Assignment?

Usually, Trademark Assignment is initiated when the entire business is sold off, or the company owns a lot of trademarks, and it wants to sell a few of them.

Can a trademark be registered in the name of more than one applicant?

According to the Trademark Law 1999, a trademark can be owned jointly by multiple applicants.

Can a Trademark be assigned before its registration?

Yes, the ownership of the trademark can be transferred during the examination of the trademark application.

Is there any restriction on the Assignment of Trademark?

Yes, Trademark cannot be assigned if the exclusive rights of the trademark vests in more than one person.

What is the difference between Complete and Partial Assignment of Trademark?

In the complete assignment, all the rights vested in a trademark including the right for further assignment are granted; whereas,

In the partial assignment, there are certain restrictions on the transfer of ownership.

What is Assignment without Goodwill?

Assignment without goodwill is when both the parties can use a similar trademark but for different products or services.