In simple language Assignment means Transfer. Trademark Assignment means selling of trademark.
As we know that trademark is an intellectual property of the owner, as other property can be sold for a price, the same way a trademark can be sold for a price.
The selling of trademark does not mean selling of the company. A company may have many brands under its ownership.
For example: Unilever owns more than 400 brands, hence it may choose to sell few brands out of its portfolio.
1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.
2) Registration of Assignment Deed with Trademark registry so as to record the buyer name as owner of the trademark in the Trademark Department's records.
1) Selling Price or Consideration for transfer of trademark is very important clause based on which stamp duty of the Assignment deed is calculated
2) Geographical area within which assignee or purchaser can use the brand
3) Information if the transfer is with Goodwill or without Goodwill
Licensing and Assignment of trademark may seem similar but there is lot of difference. Licensing of trademark is a permission given to use the brand name. Assignment is transfer or selling of the trademark to others. Licensing is for limited period of time.
Startupwala is even better than described. A Pleasure To Do Business With Absolutely the Best. Recently I had Trademarked my brand, the service offered was first class. All my calls and emails were attained immediately by Startupwala Group. I will be more than happy to approach Startupwala for all my future needs. I will surely recommend Startupwala to anyone wanting to register trademark. My best wishes to Startupwala & Team. Thank you.
Mr. Dhaval Fuletra
Founder, NIKUNJ Cement Articles