Can Trademark be Transferred?

The transfer of a trademark in India, known as assignment or licensing, is a legal process that allows the trademark owner to either transfer ownership or permit another party to use the trademark. Here’s a detailed overview of how trademarks can be transferred in India:
1. Assignment of Trademark
Assignment involves the transfer of ownership of a trademark from one party (the assignor) to another (the assignee). This transfer can be complete or partial, with or without the goodwill of the business.
**Types of Assignment:
* Complete Assignment: The assignor transfers all rights, including the rights to further transfer, license, and use the trademark.
* Partial Assignment: The assignor transfers the rights over the trademark for only some of the goods or services.
* Assignment with Goodwill: The assignor transfers the trademark along with the business’s goodwill. This means the assignee can use the trademark for the same products or services.
* Assignment without Goodwill (Gross Assignment): The assignor transfers the trademark without transferring the business’s goodwill. The assignee can use the trademark for products or services other than those used by the assignor.
2. Licensing of Trademark
Licensing allows the trademark owner (licensor) to permit another party (licensee) to use the trademark while retaining ownership. Licensing can be exclusive, non-exclusive, or sole.
*Types of Licensing:
* Exclusive License: Only the licensee has the right to use the trademark, and even the licensor cannot use it.
* Non-Exclusive License: The licensor can grant licenses to multiple licensees and also use the trademark themselves.
* Sole License: The licensee has the right to use the trademark, but the licensor retains the right to use it as well.