Trademark Assignment in India | Transfer Ownership Online

Trademark Assignment

Looking to transfer ownership of your trademark or acquire rights to an existing brand?

At Ruchita Dang & Associates, we simplify the legal process of Trademark Assignment, ensuring every transfer is lawfully executed, registered with the Trademark Registry, and enforceable.

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What is Trademark Assignment?

Trademark Assignment refers to the process of legally transferring ownership of a registered or applied-for trademark from one party to another. This includes both rights and obligations related to the mark. It can occur with or without the goodwill of the business.

Types of Trademark Assignment

A trademark can be opposed on various grounds, such as:

Complete Assignment : Transfer of all rights including ownership, rights to license, royalties, and usage.
Partial Assignment : Trademark is assigned only for specific goods or services within a class.
Assignment with Goodwill :Trademark rights are transferred along with the associated business reputation.
Assignment without Goodwill : Trademark is transferred but not the business reputation attached to it.

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Documents Required for Trademark
Assignment

Trademark Assignment Procedure in India

Step 1

Drafting the Assignment Agreement

A legal document outlining the transfer details, rights assigned, and terms.

Step 2

Execution of Deed

The deed must be signed by both parties on non-judicial stamp paper.

Step 3

Filing Form TM-P

The application for recording the assignment must be filed with the Trademark Registry.

Step 4

Examination & Objection Handling

If the Registrar raises any objections, clarifications or hearings may be required.

Step 5

Entry in Trademark Register

Upon approval, the assignee’s name is updated in the official Register of Trademarks.

Step 6

Publication in Trademark Journal

The assignment is published in the journal for public record.

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Frequently Asked Questions

1. What is a trademark assignment?

A trademark assignment is the process of legally transferring ownership rights of a registered or applied-for trademark from one party (assignor) to another (assignee).

2. Can a trademark be assigned without goodwill?

Yes, trademarks can be assigned with or without the goodwill of the business. Assignment with goodwill includes the reputation associated with the brand, while without goodwill transfers only the rights to the mark.

3. Is it mandatory to register a trademark assignment?

Yes, it is advisable and often mandatory to register the assignment with the Registrar of Trademarks to ensure legal recognition and enforceability of rights.

4. What form is used for trademark assignment in India?

Form TM-P is used to register a trademark assignment with the Trademark Registry in India.

5. How long does it take to record a trademark assignment?

Once the application is filed, it may take 3 to 6 months, depending on examination, objections, or hearings, if any.

6. Can I assign a pending trademark application?

Yes, a trademark under application can also be assigned. However, it must be recorded with the Registrar.

7. What are the legal fees for filing a trademark assignment?

The government fee for filing Form TM-P is ₹9,000 per mark per class (for companies) and ₹4,500 (for individuals/startups) plus professional service charges.