Trademark Assignment

Trademarks refer to the intellectual property of a business that distinguishes it from others.

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What is the Trademark Assignment?

Trademark assignment is an intellectual property and like any other asset, the proprietor of a trademark has the power to sell, license or transfer the owned intellectual property. Such a transfer can be made through Assignment or through licensing.

When a trademark is assigned, there are some variations in the ownership of the registered brand. But when it’s licensed, the benefits in the trademark continue to vest with the buyer but only a few qualified rights are given to the third party. This assignment of trademark in india can be done with or without assigning the business goodwill. In case of a registered trademark, such an assignment is required to be recorded in the Register of a trademark.

Documents Required for Trademark Assignment

Never ignore the importance of a trademark for your business. It can differentiate your brand and make it attractive to your customers. Protecting a trademark holds the utmost importance. When you face Trademark Assignment, get expert assistance to address the issue. You can file the reply for the objection raised within the specified period from the objection date issued. We help you file for Trademark Assignment reply online with essential documents. The documents required for addressing Trademark Assignments include:

  • Certificate of Trademark Registration (if any).
  • The assignor and assignee’s name and description.
  • No Objection Certificate (NOC) from the original owner of the registered trademark.

Requirements for Trademark Assignment

Assets to be assigned

  • Pending trademark applications.
  • Issued trademark registrations.
  • Goodwill.
  • Associated marks, applications or registrations.
  • International registrations.
  • Common law trademarks.
  • Names of living or deceased individuals.
  • Domain names, email accounts, social media or website accounts, etc.

Execution requirements

  • Signatories.
  • Witness.
  • Notarization.
  • Legalization.
  • Execution date and place.
  • Power of attorney.

Trademark Assignment FAQ's

The selling of a trademark involves two parties. The assignor and the assignee. Trademarks are of great advantage to any business and determine the sales to a notable level. It reflects your products or services and presents an edge over others in the market. At times, the owner can transfer or assign his/her trademark to another person. Selling a trademark also known as the assigning of a trademark from your name to any other person..

1. At the time of the assignment, it is used in the same business as a registered trademark

2. Both the registered and unregistered trademarks are assigned at the identical time and to the same person.

3. Goods regarding which the assignment is effected are the same for both the registered and unregistered marks..

Typically, only the party indicating the intellectual property must approve the assignment, and while notarization is substantially considered is not strictly required. Once the assignment has been executed, it should be recorded.

Goodwill is one of the hardest-to-value assets of a business. An assignment of goodwill in business is also a situation where a deed is considered most appropriate to evidence that such a valuable transfer of property from the seller to the buyer was indeed fully intended.

Yes, an individual can assign a trademark. The individual can assign the trademark to another individual or to a company.

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