Transfer of ownership and rights over the trademark to any other person is known as Trade-mark Assignment. A trademark is assigned by the execution of an assignment agreement between the assignor and assignee.
Multiple types of assignment are accepted in India. In brief, the assignment may be –
Complete Assignment – all the rights vested in the registered trademark are assigned to the assignee. The assignee enjoys all the rights of the assignor of the trademark.
Partial Assignment – the transfer of ownership is restricted only to certain products/services as agreed by the assignor and assignee.
Both the complete and partial assignment can be made an assignment with goodwill or an assignment without goodwill.
Assignment with Goodwill – the rights and value associated with the trademark are given for using the mark for the products /services already being sold by the assignor.
Assignment without Goodwill – assignor restricts the assignee’s right for the products already used by the assignor. In other words, assignor and assignee both can use the same trademark but for different products/services.
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