Assignment is the transfer or sale of the mark by the registered proprietor to a third party.
A mark may be assigned or transferred to another entity in any of the following manners:
- Complete Assignment to another entity- The owner transfers all its rights with respect to a mark to another entity, including the transfer of the rights such as right to further transfer, to earn royalties, etc. (E.g. X, the proprietor of a brand, sells his mark completely through an agreement to Y. After this X does not retain any rights with respect to the brand)
- Assignment to another entity but with respect to only some of the goods/ services- The transfer of ownership is restricted to specific products or services only. (E.g. P, the proprietor of a brand used for jams and jellies and dairy products. P assigns the rights in the brand with respect to only dairy products to Q and retains the rights in the brand with respect to jams and jellies.) This is called partial assignment.
- Assignment with goodwill- Such assignment is where the rights and value of a trademark as associated with the product is also transferred to another entity. (E.g. P, the proprietor of a brand "Shudh" relating to dairy products, sells his brand to Q such that Q will be able to use the brand "Shudh" with respect to dairy products as well as any other products it manufactures.)
- Assignment without goodwill- Such assignment also referred to as gross assignment, is where the owner of the brand restricts the right of the buyer and does not allow him to use such brand for the products being used by the original owner. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand, is not transferred to the buyer.
Completion within a week,
- Drafting of Assignment Agreement.
- Filing of Assignment Application.
- Continuous monitoring of application and regular updates on status.
Following is the break-up of our fees:
|Government Fee||INR 9000|
|Professional Fee||INR 5500|