Meaning of Trademark Assignment

• Trademark assignment is the process of transferring ownership of a registered or unregistered trademark from one party to another.
  
• It involves the legal transfer of rights, title, and interest in the trademark.
  
• Assignment can occur with or without the transfer of the associated business.
  
• The assignee becomes the new legal proprietor of the mark after the transfer is registered.
  

Types of Trademark Assignment

• Complete Assignment – all rights are transferred to the assignee, including the right to license or sell the mark further.
  
• Partial Assignment – rights are transferred only for specific goods or services or within a specific territory.
  
• Assignment with Goodwill – includes the business reputation and customer base associated with the mark.
  
• Assignment without Goodwill – excludes the transfer of business goodwill; also called gross assignment.
  

Legal Requirements

• The assignment must be in writing and signed by both parties.
  
• It should clearly specify the terms, scope, and effective date of the transfer.
  
• If the assignment is for a registered trademark, it must be recorded with the Trade Marks Registry using Form TM-P.
  
• If unregistered, the assignee must prove ownership during future enforcement or registration.
  

Procedure for Recording Assignment

• File Form TM-P along with the assignment deed and prescribed fee.
  
• Include details of both assignor and assignee, the trademark, and the nature of assignment.
  
• If applicable, file a Power of Attorney (Form TM-48) if submitted by a trademark agent.
  
• The Registrar reviews the application and updates the Trade Marks Register.
  

Legal Impact of Assignment

• The assignee gains exclusive rights to use, license, and enforce the trademark.
  
• The assignment must be recorded to be effective against third parties.
  
• Proper documentation prevents disputes and protects brand value during transfers.
  
• Trademark assignments are commonly used during mergers, acquisitions, brand sales, or restructuring.