What is Trademark Assignment?
Trademark Assignment is the action or process of transferring ownership and rights with/without the reputation related with a trademark to another entity partially or wholly by the original owner of the trademark, with or without some specified restrictions. The trademark assignment is made by way of a trademark assignment agreement, while the licensing is done by means of a license agreement.
A company owning a trademark, can transfer its rights related with the trademark to another entity by mean of the following two most popular arrangements: Trademark Assignment or Trademark Licensing.
Trademark Assignment Agreement:
- The rights of the trademark should not be detrimentally affected due to the obligations contained in the agreement.
- The decision and requirement regarding whether the assignment is with or without the goodwill of the business must be explicitly mentioned.
- The agreement should show a clear purpose of the transaction/assignment.
- The geographical scope of the location where the assignee possesses the values and rights in the trademark must be mentioned.
Documents Required for Assignment of Trademark
The following documents must be submitted to the registrar of trademark along with form TM-P:
- Trademark assignment agreement.
- Trademark certificate.
- NOC from the assignor.
- Identification documents of the assignor and assignee.