A trademark assignment is the process of legally transferring ownership of a registered trademark from one entity to another. This transfer can be complete or partial, depending on the agreement between the parties. Understanding the different types of trademark assignments is essential for businesses seeking trademark registration in Cochin or planning to buy/sell a trademark.
Types of Trademark Assignments
Trademark with Trademark registration in Cochin are classified into four main types:
1. Complete Assignment with Goodwill
- In this type, the owner (assignor) transfers all rights of the trademark to the buyer (assignee), including the goodwill associated with the brand.
- The assignee can use the mark for all the products/services for which it was originally registered.
- This ensures that the brand’s reputation and market presence remain intact.
- Example: A company selling organic skincare products assigns its trademark along with goodwill, allowing the new owner to continue the same business under the same brand.
2. Complete Assignment without Goodwill (Gross Assignment)
- The assignor transfers ownership of the trademark but restricts the buyer from using it for the same products/services.
- The new owner can use the mark for different purposes, but not for the assignor’s original business category.
- Example: A company selling coffee under a brand name assigns its trademark with Trademark registration in Cochin without goodwill to another company, which can now use the mark for clothing but not for coffee-related products.
3. Partial Assignment with Goodwill
- The assignor transfers the trademark rights only for specific products or services, while retaining ownership for other categories.
- This allows both the assignor and assignee to use the trademark, but for different business segments.
- Example: A brand that manufactures electronics and home appliances may assign the trademark only for mobile phones, while retaining the rights for other products like televisions or refrigerators.
4. Partial Assignment without Goodwill
- Similar to partial assignment with goodwill, but here, the assignee cannot use the brand’s goodwill.
- The new owner must create a separate brand identity for the assigned category of goods/services.
- Example: A sportswear company assigns its trademark that already has Trademark registration in Cochin only for footwear, but without goodwill. The new owner must rebrand the footwear division under a different identity.
Process of Trademark Assignment in India
- Draft the Trademark Assignment Agreement – Clearly define the scope of transfer, including goodwill rights.
- File Form TM-P – The assignee must submit this form along with the agreement to the Trademark Registry.
- Pay Government Fees – The fee varies based on whether goodwill is transferred.
- Trademark Registry Review – The application is examined for compliance.
- Publication in Trademark Journal – If approved, the assignment is published, allowing for objections.
Why Trademark Assignment is Important?
✔ Monetizes a Trademark – Companies can sell trademarks as business assets.
✔ Expands Market Presence – Assigning trademarks allows businesses to enter new markets.
✔ Prevents Brand Conflicts – A legally assigned trademark ensures clarity in ownership.
For businesses looking for online trademark registration in Cochin, understanding trademark assignments can help in securing valuable brand assets and expanding business opportunities.
