Trademark Assignment and Trademark Transfer in India
Contents
- What is Trademark Assignment?
- ways to transfer or assign trademark to the other party?
Introduction: Trademark Assignment
What is Trademark Assignment?
Trademark Assignment is the transfer of a trademark (registered or unregistered) and relative rights from an existing owner to the proposed owner by filing an application and submitting it along with an assignment deed to the trademark registrar.
But do not misunderstand trademark assignment with trademark licensing.
There is a difference between trademark assignment and trademark licensing:
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Trademark licensing:
Trademark licensing is temporary in nature. In trademark licensing the trademark owner is transferring the trademark and relative rights for a very temporary time period to some other party. It means that the trademark owner remains same but the rights of usage of the trademark are given to some other party temporarily in order to earn royalty.
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Trademark Assignment:
Trademark assignment is permanent in nature. It means that in trademark assignment, the trademark owner transfers the trademark and relative rights permanently either fully or partially.
What are the ways to transfer or assign trademark to the other party?
There are many ways how you may assign or transfer your trademark to someone else.
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Trademark assignment along with Good will:
Trademark assignment with goodwill means that the trademark owner is transferring the trademark along with the specified rights of usage of the trademark for the similar goods/services that he ((the existing trademark owner) is dealing in.
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Trademark Assignment without Good will:
Trademark Assignment without Good will means that the trademark owner is transferring the trademark along with the specified rights of the usage of the trademark for the goods and services different from what he (the existing trademark owner) is dealing in.
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Complete trademark assignment:
Complete trademark assignment means that the trademark owner is transferring all the rights relating to a trademark to the proposed party. These rights can be the rights of usage, rights of transfer, rights of licensing, and every single right attached to the trademark and giving away the ownership of the trademark wholly. Complete trademark assignment is also called a finish trademark assignment.
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Partial trademark assignment:
Partial trademark assignment means that the trademark owner is transferring the trademark rights to some other party but in a restrictive manner, wherein he may restrict the proposed trademark owner to use the trademark for an specific set of goods and services. And the existing owner could also retain the rights to transfer the trademark and offer licensing to him only. Partial trademark assignment is also called a fractional trademark assignment.
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