What is Trademark Assignment
All you need to know
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.
Pre-Requisites for Assignment of Trademark
The trademark assignment should be in writing.
The assignment should be between two identifying parties, i.e. assignor (owner of the trademark) and the assignee (buyer of the trademark).
The assignor should have the intent and must consent for the trademark assignment.
The trademark assignment should be for a proper and adequate consideration (amount).
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.
