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January 29, 2025
How to Transfer Assign Trademark In India
Introduction
Trademark Transfer, or Trademark Assignment, is a formal process of transferring ownership of a trademark from the original owner (assignor) to a new one (assignee). Also, this makes sure the new owner comes in and takes charge of all the exclusive rights and responsibilities, including the brand’s goodwill, allowing for a smooth transition.
What is a Trademark?
A trademark is a unique symbol, word, logo, or design used to identify and distinguish a business’s products or services from others.
What is a Trademark Assignment?
In simple words, a trademark assignment is a method through which ownership and legal rights of the mark are transferred to any other person. A trademark assignment takes position between the parties merely after executing a treaty called ‘Trademark Assignment Agreement’.
Types of Trademark Assignment
Following are the types of Trademark Assignments
Complete Assignment
This means transferring full ownership of a trademark from the assignor to the assignee. The new owner gets all rights, including usage, licensing, and earning royalties. After the transfer, the original owner has no control over the trademark. This allows the new owner to use it freely for any product or service.
For instance: Company A sells the “XYZ” trademark for its food products to Company B. After the sale, Company B fully owns the trademark and can use, change, or sell it. Company A has no rights to “XYZ” anymore.
Partial Assignment
This allows the trademark owner to transfer rights for only specific goods or services while retaining ownership for others. The assignee can use the trademark for particular categories, but the assignor still holds rights for different products or services.
For instance: A company owns the “XYZ” trademark for skincare and hair care products. It assigns the trademark for skincare to another company but keeps the rights for hair care. The new owner can use “XYZ” for skincare, while the original company retains control over hair care products.
Assignment With Goodwill
This means the trademark owner transfers not just the trademark but also the brand’s reputation, customer trust, and market value to the new owner.
For Instance: A popular coffee shop, “XYZ,” is sold along with its trademark. The new owner keeps the name, reputation, and customers to continue its success.
Assignment Without Goodwill
Assignment Without Goodwill is when a trademark is transferred, but the brand’s reputation, customer base, and associated value (goodwill) remain with the original owner. The assignee receives only the rights to use the trademark for specific goods or services without inheriting the established brand reputation.
For Instance: A company, ABC Corp. owns a trademark for its sportswear logo. It sells the trademark to XYZ Ltd. but only for use on fitness equipment. ABC Corp. keeps its brand reputation for sportswear, while XYZ Ltd. gets the trademark for the new product without inheriting the original brand’s goodwill.
Documents Required for Trademark Transfer
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Trademark Assignment Agreement: A signed contract detailing the terms of the transfer.
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Proof of Identity: Government-issued ID for both the assignor and assignee.
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Proof of Ownership: Documents showing the assignor’s ownership of the trademark.
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Trademark Registration Certificate: A copy of the registered trademark.
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No Objection Certificate (NOC): If applicable, a letter from any third party with rights over the trademark.
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Power of Attorney: If an agent is handling the transfer.
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Application Form (TM-P): To update the trademark registry with the new owner’s details.
Benefits of Trademark Assignment
The benefits of Trademark Assignment are listed below:
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Monetary Gain: Selling or transferring a trademark can generate significant revenue for the assignor.
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Brand Expansion: The assignee can expand the brand into new markets or products.
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Business Flexibility: Businesses can sell or transfer trademarks when changing strategies or selling parts of their business.
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Legal Protection: Trademark assignment helps ensure that the assignee receives full legal rights to use and protect the trademark.
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Maintain Brand Value: Transferring trademarks helps preserve brand identity and continuity.
Process for Trademark Assignment
Here are the simple steps to apply for Trademark Assignment:
Step 1: Apply for Trademark Assignment
Either the assignor or assignee (or both) can apply for the transfer.
Step 2: File Form TM-P
Complete Form TM-P and pay the required fee to submit the application.
Step 3: Submit Documents
Submit all necessary documents within 6 months from acquisition. Contact experts for guidance.
Step 4: Application Processing
Once submitted, the Registrar reviews the trademark assignment application. After ensuring all details are accurate, the assignment is processed.
Step 5: Approval
After verification, the Registrar will register the assignee as the new trademark owner.
Common Reasons for Trademark Ownership Transfer
Trademark Transfer is not done within minutes, but for certain specific reasons and situations. Here are the probable reasons why trademark transfer takes place:
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Owner’s Death – Transferred to heirs or legal representatives.
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Business Sale – Trademark moves to the new owner.
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Trademark Sale – Sold separately from the business.
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Business Division – Trademarks split among new entities.
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Owner Name Change – Updates due to personal or company name changes.
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Business Restructuring – Transfer due to legal entity change.
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Court Order – Mandated transfer due to legal disputes.
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Business Purchase – Ownership shifts along with goodwill.
Conclusion
Transferring a trademark in India is a straightforward process that ensures the rightful ownership of a brand’s identity. Do follow the steps carefully from filing the right forms to submitting necessary documents you can successfully assign your trademark without chaos.
Whether you’re selling, restructuring, or transferring ownership, this process helps protect your intellectual property (IP) and maintain your established brand value.
Suggested Read :
International Trademark Assignment
Trademark Clearance Certificate
Benefits of Trademark Class System
Trademark Assignment
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Thank you for sharing such insightful information about trademark assignment! This article effectively highlights the significance of transferring trademark ownership, ensuring legal protection and brand continuity. Understanding the different types of trademark assignments—complete, partial, or conditional—is crucial for businesses looking to secure their brand assets. Proper documentation and compliance with legal requirements streamline the process and prevent future disputes. For those seeking expert guidance on seamless trademark assignments.