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Updated on 17 Jun 2021 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.
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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 –
| Particulars | Statutory Fees |
|---|---|
| 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 info@finacbooks.com
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