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Assignment of Trademark

Assignment of trademark means the transfer of rights from one owner to the another. The trademark licensing is for the ownership rejoice for a particular logo and as such. Just like how a physical property is transferred from one person to another in terms of the will, the same can be done to the trademark registration too. The assignment of the trademark can be with or without the good will of the business. The terms are like transfer of the property where the rights for the same would move from the person A to B which are established by legal records to prove the transfer of rights.

The trademark represents the Brand and hence it holds value for the business. It is an unique thing pertaining to word, slogan, photograph, logo, graphic, color combination, sound or even smell. In simple words it is the change in ownership in terms of the rights for the above mentioned things. Here once the assignment is made, it would no longer be valid for the previous owner as all the things including the right of claiming it would be transferred to the new trader.

At Unilex Consultants we provide you a hassle free assignment process which would be dealt by our professionals within a time frame of 2-3 months and is subjective to governmental processing time. Our team takes care of the documentation and aids in provide you the realistic estimation of cost.

Documents Required trademark assignment

Power of Attorney

Application number

Assignment Deed

User Affidavit

Self attested KYC of proprietor

Board Resolution

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PACKAGES


Basic

5999/-
Inclusive all taxes

Assignment of unregistered mark
Assignment Deed
Affidavit

Premium

21999/-
Inclusive all taxes

Assignment of unregistered mark
Assignment Deed
Affidavit
Department follow up
Liaison charges

Standard

14999/-
Inclusive all taxes

Assignment of registered mark
Assignment Deed
Affidavit

Types of Trademark Assignment

Complete assignment of trademarks : In terms of complete assignment of the trademark, all the rights including the royalty, further transfers for the following would be enjoyed by the new owner of the trademark and the previous owner of the trademark would have nothing to do with the rights anymore. This scenario would happen if the company is sold out to another company, the previous company owner would have no rights to claim once the assignment is done.

Partial assignment of trademarks : If the Partial Assignment is made, then the complete rights held by the company would not be transferred to the new owner. The rights are only held for the things that are assigned and rest of the rights are enjoyed by the previous owner only. This scenario would be valid if there are three trademarked categories and only the one is transferred the rest of the 2 are still enjoyed by the original owner.

Assignment with Goodwill : With the assignment of trademark with goodwill, the actual rights to use the trademark for the same line of products is transferred to the new owner. This means that the same amount of brand reach would be there as it’s the same trademark reach. For a product A the rights along with the usage is transferred for the new company which can run on the same basis as the old one.

Assignment without Goodwill : When the assignment is made without goodwill for the trademark, then only the rights are transferred to the new owner who has been recently entitled. The current rights holder cannot use it in the same product line up. The trademark only can be used for a different product and cannot be the direct competitor as the rights are shared by both the companies via the deed.


What to expect with Assignment of Trademark ?

  • All the rights regarding the previous owner of the trademark would not be valid..
  • The new owner would have the rights to market and boast about the trademark rights he/she has been entitled with.
  • Provides a way where some of the rights can be changed regarding the original owner.
  • The assignment deed must be prepared which contains all the essential information regarding who the initial owner is which should match the proof.
  • The trademark would be region based hence the rules might vary from different ROC and the state government hence it is must to mention the place with regards to the registration.
  • The owner must sign along with the date of validity of the deed where the starting date for the new ownership must be mentioned clearly.
  • The deed would be only between the assignee and the initial owner and no one else can be part of the deed.
  • The terms of goodwill must be mentioned out clearly.
  • It can be done for permanent period or a limited amount of time.

FAQ’s About Assignment of Trademark

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