Documents Required
- Trademark assignment agreement
- Trademark certificate
- NOC
- Identity and Address proof of both parties
- Copy of advertisement along with a Registrar’s direction.
- Signatories and Witness.
- Notarization.
- Proof of Execution date and place.
- Power of Attorney
Types Of Assignment
Complete Assignment
The transfers of all the rights in the trademark to another person.
Partial Assignment
The transfers of rights in the trademark with respect to only specific services or goods to another person.
Assignment with Goodwill of Business
The transfer of all the rights, entitlements and values associated with a trademark to another person which allows the other person to use the trademark for all classes of goods or services, including the goods or services which were already in use.
Assignment without the Goodwill of Business
The transfer of the rights, entitlements and values associated with a trademark to another person which allows the other person to use the trademark for all classes of goods or services, excluding the goods or services which were already in use.
Agreement
An Assignment Agreement for assigning of rights in the trademark from one party to another.
Application Filing
The assignor or assignee, or both, can make a joint request to register the assignment by filing an application of a trademark assignment in Form TM-P to the register of trademarks.
Submission of Forms and Documents
Within a period of six month from the date of the assignment, the Form TM-P must be filed with the registrar of the trademark. The application filed after six months of assignment, shall be filed with additional fees.
Registrar’s Direction
In case of Trademark assignment with goodwill, the direction from the Registrar of a trademark is mandatory before the expiry of 3 months.
Advertisement
The assignment must be advertised as per the direction of the Registrar and copy of the same to be submitted along with the copy of Registrar direction.
Transfer of Ownership
Upon satisfaction of the Registrar, he shall register the assignee as the proprietor of the trademark.
Benefits of Trademark Assignment
Monetization
The trademark assignment enables the trademark proprietor to encash the value of his/her his investment, time and hard work.
Easy Branding
The assignee obtains the rights of an already established brand due to trademark assignment and therefore he/she would not have to work on brand building.
Beneficial for both
The trademark assignment helps both the parties to expand their respective businesses.
Valid Proof
The trademark assignment agreement enables both the parties to establish their legal rights in case of any dispute.