Assignment of trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. We had earlier written about the procedure for assigning trademarks and also the key points that should be incorporated in an assignment deed from a practical perspective. There are times when assignment of trademarks can be complicated – rights to a particular trademark are jointly owned by two or more companies or when the rights are held by the parent company but are the trademarks are used by the subsidiary. These are situations when one should ensure that the assignment deed is carefully drafted to include all the aspects and secure the rights of the assignee to the fullest extent.
Trademarks like any asset can be transferred from one owner to another. The transfers could be temporary through licensing or permanent through an assignment. Assignment of a trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. In other words, it is transferring of proprietary rights in the property of the proprietor. The manner in which an assignment can be made are as follows:
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