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Trademark Assignment is the action or process of transferring ownership and rights with/without the reputation related with a trademark to another entity partially or wholly by the original owner of the trademark, with or without some specified restrictions. The trademark assignment is made by way of a trademark assignment agreement, while the licensing is done by means of a license agreement.
A company owning a trademark, can transfer its rights related with the trademark to another entity by mean of the following two most popular arrangements: Trademark Assignment or Trademark Licensing.
Assigning trademark will be easy with the help of ebizfiling team. Change & Search Ownership by eBizFilling Trademark Assignment Services. Trademark Assignment Service includes assignment deed drafted, assignment filing. Transfer ownership of a trademark application.
Few points to make your
Legal owner of the registered trademark
Anyone else except you cannot use it
Trademark establishing a unique identity
It gives exclusive rights to use of Trademark
Creation of Asset
An Intellectual Property
As it is an Intellectual Property, it is asset to the owner
Trust or Goodwill
Brings uniqueness to your product
Can create a sense of trust & quality in the minds of customer
Popularize your brand
As it has unique identity it is easily searchable
It helps you to get recognition among people
Global Trademark Registration
Foreigners and Foreign entities can also register in India
Registered mark in India can be registered globally
A small procedure for your
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What do you mean by trademark assignment?
Assignment of a trademark is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. Some trademark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some trademark owners change their names while retaining ownership.
How is a trademark assigned?
A trademark is usually assigned by the execution of an appropriately authenticated trademark assignment agreement. Despite the fact that a trademark assignment may be proved by oral evidence, a written assignment is always preferred to an oral assignment.
The most important requirement for a valid agreement of assignment is that there must be evidence of an intention on the part of the assignor to transfer ownership of the mark as well as the associated goodwill to the assignee.
Who can assign a Trademark?
Any person who is the registered proprietor of a trademark i.e. the owner of the trademark has the right to assign the trademark to another person. The proprietor may assign the trademark in respect either of all goods or services in respect of which the trademark is registered or of some only of those goods / services
For the assignment does the trademark have to be registered?
An unregistered trademark may also be assigned or transmitted with or without the goodwill of the business concerned under Section 39 of the Trademarks Act 1999.
Is there any restriction on the assignment of trademarks?
A trademark shall not be assignable in a case in which the assignment results in the vesting of the exclusive rights of the trademark in more than one person. The exclusive rights referred to must be in relation to the:
Same goods / services
Same description of goods and services
Goods / services or description of goods / services which are associated with each other
What are the requirements for a valid assignment?
For an assignment to be valid, the assignment must:
Be given for consideration, or else made under seal
Obviously, identify the marks
Perceptibly identify the assignor and assignee
Evidently, indicate that goodwill is included if it is. This is necessary because, under the Trademarks Act, a trademark can be assignable and transmissible with or without the goodwill of the business concerned.
Can the ownership of a trademark be assigned or transferred from one person to another?
Yes. A registered mark, or a mark for which an application to register has been filed can be transferred or sold. Written assignments may be recorded in the Indian trademark registry for a fee.
Which Trademark cannot be registered?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
Will the trademark be valid outside India?
No, the trademark is registered in India and will be valid in India only.
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