What is Trademark Assignment ?

A trademark is transferable through trademark assignment agreements. Also, when an owner assigns a trademark to another person, its ownership is granted upon that person, either completely with goodwill or for a limited number of and products without goodwill. This ordinarily involves a one-time payment.

Such an agreement which is commonly known as an assignment deed can be signed even if it is an unregistered trademark. However, even registered trademarks can be assigned. In both the scenarios, the assignee must apply to the Registrar within 6 months.

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Benefits of a Trademark Assignment

Unlock Value

With a trademark assignment agreement, the trademark owner is able to unlock the value of the trademark, which, till this point, only had value on paper. The assignee, however, can exceptionally be better off entering the market with an already established brand (trademark), rather than building a new one from the scratch.

Valid Proof

In the event of a dispute related to the trademark, legal rights would easily be established through the assignment deed. The Registrar ensures that all the checks are in place by examining the validity of all the clauses in the agreement and publishing the assignment in the Trade Marks Journal.

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