Trademark Ownership Assignment: Key Details

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

Investment Advisors
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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.

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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

ROC
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Audit and Assurance

Assignment with goodwill

It is similar to a complete assignment, where the trademark is transferred along with the right to fairly use the said mark in the business where it has established goodwill. For example, if A owns a well-known brand name 'Droit' for manufacturing pens and transfers his trademark 'Droit' to B, B is entitled to use the mark 'Droit' fairly in the same line of business.

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

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