What are various categories of Trademark?

The transfer of ownership can be limited to specific number of products or can cover the whole entity. So the assignment which is partial is called as Licensing. Further it is distinguished on the basis of goodwill. The ownership which is transferred with goodwill is called as Complete Transfer and which is without goodwill is Limited Transfer.

Can agreement be executed without registration?

Yes, trademark agreement can be executed if trademark is unregistered. A trademark which is already registered can also be assigned but subject to its application with Registrar within a time span of 6 months.

What are various types of Trademark Assignments in India?

Basis on the various types of trademark assignments prevalent in India, agreement is drafted. So it is important to explain about this:

1. Complete assignment:

The owner has right to assign or transfer all its rights with respect to mark to third party or entity which also includes a right to transfer the trademark further to some other party in order to earn royalties. With this transfer the assignee enjoys whole rights as original owner had.

2. Partial Assignment:

The assignment or transfer of ownership is restricted to only some products or services as decided by the owner of the trademark and as written in the agreement executed between the parties. Partial assignment can be further distinguished into With-goodwill and Without-goodwill.

In case of With-goodwill assignment, the rights and values of trademark attached with product are also transferred.

But in case of Without-goodwill, the original owner of trademark can restrict new owner’s rights for right used by him already. It means both owners can use same trademark but for different products.

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What are various benefits of a Trademark Assignment?

Unlock Value

With trademark assignment, the value of brand can be unlocked rather than keeping it on piece of paper. It helps to make worth of the brand and helps to grow financially. Both new and older owner gets benefits. Where old owner under its brand can add for profit and variety of products and new owner under already well establishes set up can start its new venture.

Valid Proof

Assignment deed can lead to easy resolution of any dispute related too trademark. In case of any discrepancies between parties, this acts as valid proof.

Frequently Asked Questions