Home / Trademark Assignment
Updated on 19 Jan 2022 9.00 AM IST | 4 min read
Assignment of Trademark in India
Trademark assignment is the process by which the trademark owner assigns the ownership and rights of the trademark to any other party. The assignment can be partial or complete. It can be with or without goodwill. In other words, it is an agreement between the two parties in which first party assigns the ownership & rights to other party to use their trademark.
What Is Included In Our Package?
Types of Trademark Assignment in India
There are different types of trademark assignment that are accepted in India. The assignment agreement is drafted by the parties based on the need & requirements.
The types of assignment are as follows -
Complete Trademark Assignment
In case of Complete Trademark Assignment, all the owner rights of registered trademark are assigned to a third party. Then, assignee becomes the sole owner of the trademark and enjoys all the rights of the original trademark owner. After becoming the owner, transferee has the full right to assign, trade & market and can also stop others for using it without authorization.
Partial Trademark Assignment
In case of Partial Trademark Assignment, the ownership is transferred to other party but owner of the trademark restricts them to use this assigned trademark only for certain products or services as decided by the parties in the trademark assignment agreement. For ex – If the trademark owner mention in the agreement that his trademark can only be used for food products, than the assignee can use the trademark for only food products suitable for human consumption and not for any other goods or services.
Both complete and partial assignment can be made with the assignment of goodwill or without goodwill –
Trademark Assignment with Goodwill
When a Trademark Assignment with Goodwill, trademark rights & values associated with it are given by the assignor to the assignee to only use the trademark for the goods or services already sold by him. For ex – Vaibhav is the owner of a trademark deals in manufacturing and selling of jackets and can assign the rights of his trademark to the assignee to use the same product for manufacturing and selling i.e. jackets.
Trademark Assignment without Goodwill
In case of Trademark Assignment without Goodwill, the assignor can restrict the assignee on the products already used by him. In this case, assignor and assignee both can use the trademark but for distinct goods & services. For ex – Rahul is the owner of a trademark deals in manufacturing and selling of jackets and decides to assign it without goodwill. In such a case, assignee can use the trademark for any other product other than jackets.
Documents required for trademark assignment
Procedure to Record the Assignment of a Trademark
Fees for Assignment or Transfer of Single Trademark
The fees for assignment or transfer of single trademark is given below –
|If assignment or transfer of single trademark is made within 6 months from the date of acquisition of proprietorship.||Rs.10000|
|If assignment or transfer of single trademark is made after the expiry of 6 months period but before 12 months from the date of acquisition of proprietorship.||Rs.10000|
|If assignment or transfer of single trademark is made after 12 months from the date of acquisition of proprietorship.||Rs.10000|
Benefits Of Trademark Assignment
How Finacbooks help in Trademark Assignment in India?
Finacbooks is a leading Indian portal providing accounting, finance & taxation services to small businesses. We are having more than 10 years of experience in helping applicants in Trademark Assignment at a least possible price. We will guide you through the entire process of Trademark Assignment. To avail the best deals on Trademark Assignment, kindly call us at 8800221252 or you can also e-mail us at email@example.com
Latest News & Updates
- Jan 19,2022
- Jan 18,2022
- Jan 17,2022
Budget 2022 Podcast: Clear calls for reduced GST on insurance premiums, separate tax rebate on ELSS, mutual fundsJan 16,2022
- Jan 15,2022
- Jan 14,2022
- Jan 13,2022
Due date for deposit of TDS for the period October 2021 to December 2021 when Assessing Officer has permitted quarterly deposit of TDS under section 192, section 194A, section 194D or section 194HJan 07th ,2022
Due date for deposit of Tax deducted/collected for the month of December, 2021. However, all the sum deducted/collected by an office of the government shall be paid to the credit of the Central Government on the same day where tax is paid without production of an Income-tax ChallanJan 07th ,2022
Due date for issue of TDS Certificate for tax deducted under section 194-IA in the month of November, 2021Jan 14th ,2022
Due date for issue of TDS Certificate for tax deducted under section 194-IB in the month of November, 2021Jan 14th ,2022
Due date for issue of TDS Certificate for tax deducted under section 194M in the month of November, 2021Jan 14th ,2022
Due date for filing of audit report under section 44AB for the assessment year 2021-22 in the case of a corporate-assessee or non-corporate assessee (who was required to submit his/its return of income on October 31, 2021)
The due date for filing of audit report for Assessment Year 2021-22 has been extended vide Circular no. 17/2021, dated 09-09-2021Jan 15th ,2022