Trademark Assignment
Transfer your trademark to anyone in a hassle free process. Deed drafting and filing done by top IP lawyers
Online process, thorough follow up and regular updates
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Here’s How It Works
It’s easy to transfer your trademark. Let Nimble Trio help you with your trademark assignment, and it’s never too late!
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Submit all the required documents
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You will be kept updated on your application’s status by Nimble Trio experts
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We will assist you with compliance and post-registration
Excellent service and support. Nimble Trio Team is very supportive and professional. I Really appreciate the service and support from the team.
Nimble Trio has been our legal service provider for quite a long time! Our experience with them has been great, especially the speed and proficiency with which they deliver their services. We recommend them!
Nimble Trio is exactly what it does. Legal is simple. We went to Nimble Trio to register our Trademark during the lockdown and everything was done online with ease. We never even had to step out of the house. It was truly a digital experience.
Here’s What You’ll Need
To protect your brand identity and prevent unauthorized use of your trademark, it’s important to register it properly. At Nimble Trio, we ensure your documents are handled with top-tier digital security standards, keeping your data fully protected.
- Trademark Registration Certificate
- Identity and Address Proof of both assignor and assignee
- Letter of Consent from the original trademark owner
- Details of Goodwill or No Goodwill in the assignment
- Registrar’s Direction and Advertisement Copy (if applicable)
- Signatures and Witness Details
- Notarization Certificate
- Date and Place of Execution
Why Should I Use Nimble Trio for Trademark Assignment?
New Company
We Register a New Company Every 9 Minutes
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Businesses Served by Nimble Trio
Financial Services
All Financial Services in One Place
Quick & Affordable
Nominal rates, great turnaround time
Satisfaction
100% satisfaction guaranteed
There’s no need to stress — Nimble Trio makes the entire process smooth and hassle-free so you can transfer your trademark ownership with complete peace of mind.
Did you know ?
Just like any physical asset, a trademark can also be transferred from one owner to another. This transfer is known as a trademark assignment, which involves passing on the rights, title, benefits, and interests associated with the trademark.
Under Section 37 of the Trademark Act, 1999, a trademark assignment refers to the legal transfer of ownership rights from the original holder to another party. For registered trademarks, such assignments must be properly recorded in the official trademark register.
An Overview of Trademark Assignment
Just like any tangible property, a trademark can also be transferred from one owner to another. This transfer process is known as a trademark assignment, which involves shifting the ownership rights, title, interest, and benefits from one party to another.
In this process, the assignor is the person transferring the ownership, while the assignee is the one receiving it. According to Section 2(1)(b) of the Trade Marks Act, 1999, a trademark assignment must be executed in writing by the involved parties. Trademarks—whether registered or unregistered—can be assigned with or without goodwill, depending on the terms agreed upon.
Types of Trademark Assignments
All rights associated with a trademark, including the right to earn royalties, transfer, or license it further, are completely handed over to another party.
For instance, if X owns the brand ABC, and through an agreement assigns it entirely to Y, then X gives up all ownership and rights related to the ABC brand permanently.
In this type of assignment, only certain rights or specific goods and services linked to a trademark are transferred to another person. The ownership remains limited to those particular categories.
For example, if X owns the ABC brand used for sauces and dairy products, X may assign the trademark rights for ABC only in connection with dairy products to Y, while keeping the rights related to sauces.
- A trademark proprietor transfers the rights, entitlements, and values associated with their trademark to another party. Assigning a trademark with goodwill allows the assignee to use it for any class of goods or services, including those the assignor had already used.
- For example, X owns the ‘lulu’ brand of hair products. With goodwill, X assigns the brand ‘lulu’ to Y. The brand ‘lulu’ may be used on food products and other products manufactured by Y
- With respect to products or services that aren’t in use, the trademark proprietor assigns rights and entitlements to the assignee. The assignor restricts a trademark assignment without goodwill. In the assignment, the assignor stipulates that the assignee is not entitled to use the trademark relating to goods or services already in use by the assignee.
- For example, X manufactures and sells bags under the brand ‘Lulu’. X assigns the brand ‘lulu’ to Y without any goodwill. Other than bags, you can use the brand ‘lulu’ for any other product.
- Assignments of trademarks should be in writing.
- A trademark assignment must involve two identifying parties: the assignee (purchaser) and the assignor (owner).
- An assignor must consent to the trademark assignment and intend to do so.
- A proper and adequate consideration (amount) should accompany the trademark assignment.
Process of Assignment of Trademark
A trademark can be assigned in India in the following ways:
A trademark assignment agreement transfers the ownership rights in the trademark from the assignor to the assignee.
An application for a trademark assignment in Form TM-P can be filed by either the assignee or the assignor to register the assignment.
A Form TM-P must be filed with the trademark registrar within six months of the assignment. Fees may vary depending on the time after the assignment.
The assignment must be advertised within the period directed by the trademark registrar.
The advertisement and registrar's direction should be submitted to the registrar's office.
Trademark assignment applications (form TM-P) and required documents must be received by the registrar of trademarks for successful registration and registration.
Trademark Assignment with Nimble Trio
With Nimble Trio, you can simplify the complex process of trademark assignment. Our team of experts handles every step with precision — from documentation to online filing — ensuring the process is fast, compliant, and completely stress-free.
Key Benefits of Trademark Assignment:
Enables businesses to monetize and leverage their brand value
Grants the assignee complete ownership rights over an established brand
Provides mutual benefits for both assignor and assignee
Serves as a legal safeguard, clearly defining rights in case of any dispute
FAQ's
Under Section 37 of the Trade Marks Act, 1999, the proprietor of a trademark has the legal right to assign or transfer it to another person in exchange for consideration. In simple terms, any trademark owner can transfer ownership to another party.
Once a trademark or brand is assigned, the ownership rights officially move from the original owner to the new one. The registration of this transfer should be completed within the period prescribed by the Act to ensure validity.
Yes. A trademark can be transferred either with or without the goodwill of the business. This means the rights may be given along with the reputation of the brand or separately from it.
Trademark owners can transfer ownership by executing a deed of assignment or a formal agreement that clearly outlines the rights, terms, and conditions between both parties.
TM searches or Trademark searches can be used to determine if something has already been trademarked.
In India, trademark assignment unlocks value and acts as legal evidence.
