Assign

Your Trademark with ease

Transfer ownership of your Trademark Fully or Partially. Assign your Trademark now. Prices starting INR 14999/- only.

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What is Trademark Assignment?

All you need to know

Trademark Assignment is the action or process of transferring ownership and rights with/without the reputation related with a trademark to another entity  partially or wholly by the original owner of the trademark, with or without some specified restrictions. The trademark assignment is made by way of a trademark assignment agreement, while the licensing is done by means of a license agreement.

A company owning a trademark, can transfer its rights related with the trademark to another entity by mean of the following two most popular arrangements: Trademark Assignment or Trademark Licensing.

Assign-your-Trademark-nowEbizFiling.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory and management consultancy services to clients in India and abroad. Securing a Trademark in India is easy, seamless, cheapest and quickest with EbizFiling.com! Apart from a Trademark Registration, EbizFiling.com also helps you with Trademark Objection filing, Trademark Renewals, Trademark Assignment, Trademark withdrawal, Trademark opposition and Trademark rectification services. You may get in touch with our compliance manager on 09643203209 or email info@ebizfiling.com for free consultation.

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ESSENTIAL

14999/-

(All Inclusive)

  • Trademark assignment (1 Assignment 1 Class Small Enterprise)

Advantages of Trademark Assignment

Points to make your decision easy

Unlock Hidden Value

With the help of the assignment, the owner of the brand is able to unlock the value of the brand which was at this point only had value on papers. The assignee on another hand could be significantly better off entering a market with an already known brand, rather than creating a new one again.

Legally Valid Proof

In case of any dispute relating to the trademark, legal rights can easily be established only through the deed of assignment. The Registrar of Trademark ensures that all the checks are in place by examining the validity of all the conditions which are mentioned in the agreement.

How to Assign Trademark

 

5 Easy Steps

1

Complete a Simple Checklist

2

Submit Documents

3

Drafting Assignment Agreement

4

You Approve Draft

5

Filing of TM Form and Agreement

Fill a Simple Checklist

A Compliance Manager will get in touch with you to obtain your documents along with a simple checklist. You need to fill up that checklist and submit along with your documents for processing. Our expert team will verify documents and proceed with agreement drafting.

Agreement Drafting

Trademark assignment agreement drafted by experts will be sent to you for approval for your comments. Your comments, if any, will be considered and the same will be re-drafted accordingly. Once draft is approved by you, we will proceed and prepare relevant TM Forms.

Submission

Trademark Assignment Agreement will be then notarised and stamped and relevant TM Forms will be submitted to TM Department online. Upon successful submission, we will email an acknowledgement receipt and final executed agreement to your registered email ID.

FAQs

FAQs On Trademark Assignment

Get answers to all your queries

  • What is trademark assignment?

    Trademark assignment is the transfer of ownership rights in a trademark from one person or entity (assignor) to another (assignee). It allows the assignee to become the new legal owner of the trademark, including its goodwill.

  • Is trademark assignment different from trademark licensing?

    Yes. Assignment transfers full ownership permanently, while licensing allows another party to use the trademark without transferring ownership rights.

  •  Why is trademark assignment important?

    It ensures the legal transfer of rights, avoids disputes on ownership, and allows companies to sell, merge, or restructure their brand assets smoothly.

  • What are the types of trademark assignments?

    Complete Assignment: Transfers all rights, including the right to further transfer.
    Partial Assignment: Transfers ownership only for certain products or services.
    Assignment with Goodwill: Transfers rights along with the business reputation.
    Assignment without Goodwill: Transfers rights without transferring the brand reputation for certain goods/services.

  • Can a trademark be assigned without goodwill?

    Yes, under Section 42 of the Trade Marks Act, assignment without goodwill is allowed but must be advertised to prevent public confusion.

  • Is trademark assignment mandatory to be recorded with the Trademark Registry?

    Yes. Under Section 45 of the Trade Marks Act, assignment must be recorded with the Registrar of Trademarks to make the transfer effective legally.

  • What documents are needed for trademark assignment in India?

    Assignment Deed duly executed by assignor and assignee
    Trademark registration certificate copy
    Power of Attorney, if filing through an agent
    ID and address proof of both parties
    NOC (if applicable in specific cases)

  • What is the government fee for registering a trademark assignment?

    As per IP India, the official fee is ₹10,000 per mark per class if filed physically or ₹9,000 if filed online under Form TM-P.

  • How long does it take to record trademark assignment in India?

    On average, it takes 3-6 months depending on document correctness and examination queries from the Trademark Registry.

  • Can a pending trademark application be assigned?

    Yes, a trademark application (not yet registered) can also be assigned through proper documentation and Form TM-P filing.

  • Does the assignee need to reapply for trademark registration after assignment?

    No. Once the assignment is recorded, the assignee becomes the legal owner without reapplying for registration.

  • What happens if a trademark assignment is not recorded?

    If not recorded, the assignment has no legal effect against third parties, and ownership disputes may arise.

  • Is it necessary to register the assignment deed separately under the Registration Act?

    No, trademark assignment deeds are governed by the Trade Marks Act and need recording with the Trademark Registry, not mandatory separate registration under the Registration Act unless involving immovable property rights.

  • Can international trademarks be assigned in India?

    Yes, if the trademark is registered in India or applied through the Madrid Protocol designating India, it can be assigned under Indian laws.

  • Who can prepare a trademark assignment deed?

    It is advisable to engage a trademark attorney or legal expert to draft the deed as per the Trade Marks Act to avoid future legal disputes.

  • Is stamp duty payable on trademark assignment deeds?

    Yes. Stamp duty is applicable as per the state’s Stamp Act where the deed is executed. Ensure payment to maintain deed validity.

  • Can trademark assignment be challenged?

    Yes, if it is executed under fraud, misrepresentation, or without complying with legal procedures, it can be challenged in court.

  • Why choose EbizFiling for trademark assignment services?

    EbizFiling offers end-to-end support, including drafting the assignment deed, filing Form TM-P, responding to registry queries, and ensuring smooth legal transfer with minimal hassle.

  • Do I need to advertise the assignment in newspapers?

    Only assignments without goodwill require mandatory advertisement in newspapers as per Section 42 of the Trade Marks Act

  • Can an assignment be revoked after execution?

    Once executed and recorded, it cannot be revoked unilaterally unless there is a mutual cancellation agreement or court order declaring it void.

Reviews

  • Abhishek Pandey

    Abhishek Pandey

    04 Mar 2024

    It was great experience with ebiz to get my filing done I especially want to thanks Mr.Parth Nai who was there to assist and solve all our queries.He make entire process very smooth.Kudos to entire Ebiz team.

  • client review, Ebizfiling

    Abdul Shukkoor

    29 Mar 2022

    100% we can trust Ebiz Filing for a business setup as i was relaxed during my company registration "Zaabi Kids Wear Private Limited" and now my dream become reality. Thank you all of EbizFiling for your Team work and your effort and really appreciate it

  • Addittya Tamhankar

    21 Jul 2018

    EBIZFILING COMPANY IS GOOD. I APPRECIATE THEIR WORK, THEY HAVE BEEN VERY MUCH RESPONSIVE AND RESPONSIBLE, THEIR SERVICE COMES AT AN AFFORDABLE PRICE. TOO GOOD TO BELIEVE. KEEP ROCKING GUYS! GOD BLESS.

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