Trademark Assignment

Assignment of the trademark means when the ownership of the mark is transferred with or without goodwill of the occupation from one person to another. Assignments are required to be recorded in the Register of trade marks for registered trade marks.
There are four types of assignments

Complete Assignment

In this, the ownership of the trademark along with the goodwill in the form of agreement is transferred. For example, A transfers his mark “Droit” in the business of manufacturing pens to B as such that he can use the mark in the same business or other.

Partial Assignment

It includes partial transfer of the mark and its right to the other person. For example, A having business in manufacturing pens, paints and brushes under the trade mark “Droit” transfers it to B only to manufacture pens and not in paints, brushes or other

Assignment with goodwill

It is similar to complete assignment where the mark is transferred along with the fair use of the said mark in the business it has made a name. For example, A having a well-known brand name “Droit” for manufacturing pens and transfers his trade mark “Droit” to B with a fair use of the said mark in

Complete Assignment

In this, the person restricts the other to use the trade mark under the business in which it has made his goodwill. For example, A having a well-known brand name “Droit” for manufacturing pens and transfers his trade mark “Droit” to B with a limitation to its business of not using it for manufacturing pens.

Process

Step 1- Application for trademark assignment

  • Step 2- Filing TM-P form
  • Step 3- Submission of documents
  • Step 4- Processing of the application
  • Step 5- Advertisement of the assignment
  • Step 6- Approval of the assignment