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poonamgandhi

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Published on: Jun 24, 2026

Trademark Assignment

Like any other property/ asset, the owner of the

trademark (i.e., the assignor) has the right to sell, license, or transfer the same. The transfer of trademark is possible through the Trademark Assignment Agreement or Trademark Licensing. The current article explains the term trademark assignment along with its advantage, types of trademark assignment, pre-requisites, and procedure of Trademark Assignment.

Understanding the term Trademark Assignment 

The term trademark assignment is defined under section 37 of the Trademark Act, 1999. As per the definition, the trademark assignment means transferring the owner’s right, interest, and title in a trademark and a brand mark. In simple words, the process of transferring the right and ownership of the trademark to any other person is known as a trademark assignment. Some of the advantages of the Trademark Assignment (concerning both the owner and the buyer) are listed hereunder-

  • The Trademark Assignment enables the owner of the trademark to encash the value of his brand.
  • With the help of a Trademark Assignment, the assignee can obtain the rights of an already established brand.
  • The assignment of the trademark supports both the assignor and the assignee to expand their respective business.
  • In case of any dispute, the Trademark Assignment agreement would enable the assignor or the assignee to establish the legal right.

Types of Trademark Assignment

There are four types of Trademark Assignments-

  1. Partial assignment,
  2. Complete assignment,
  3. An assignment with Goodwill, and
  4. An assignment without Goodwill/ Gross assignment.

All the four types of Trademark Assignments are briefly explained hereunder-

  1. Partial assignment-

Under the partial assignment, the assignor transfers only limited ownership with regard to specific products/ services.

  1. Complete assignment-

Under the complete assignment, entire rights with respect to the registered trademark are transferred by the assignor to the assignee.

  1. An assignment with Goodwill-

Under ‘assignment with Goodwill’, the assignor of the trademark transfers the rights of the trademark as well as the value of the trademark to the assignee.

  1. Gross assignment or Assignment without Goodwill-

Under such type of Trademark Assignment, while transferring the trademark, the assignor will restrict the buyer’s right. The assignor here restricts the buyer from using a brand of the product which is already being used by the assignor. In nut-shell, the goodwill attached to the brand is not transferred to the assignee.

Pre-requisites and procedure for Trademark Assignment

The list of pre-requisites for the Trademark Assignment is-

  • The Trademark Assignment must be in writing.
  • The assignment must have the following two identifying parties-
    • An assignor (owner of the trademark); and
    • An assignee (buyer of the trademark).
  • The assignor must have the intention and consent for the Trademark Assignment.
  • The Trademark Assignment must be for proper adequate consideration.
  • Following is the list of documents required for Trademark Assignment-
    • Trademark Assignment agreement,
    • Trademark certificate,
    • NOC from the assignor,
    • Identified documents from the assignor and assignee.

The procedure for applying for a Trademark Assignment is narrated hereunder-

  1. Filing an application for Trademark Assignment in Form TM-24 or Form TM-23 (in case of joint request). Such an application can be filed by either the assignor or the assignee or both.
  2. Filing of Form TM-P.
  3. Filing of all the requisite documents relating to Trademark Assignment with the Registrar of the trademark. The filing needs to be done within a period of six months from the date of acquisition of proprietorship.
  4. The registrar of the trademark will specify the advertisement of the Trademark Assignment.
  5. Based on the registrar’s specification, the applicant is required to make an advertisement for the Trademark Assignment.
  6. The applicant is required to submit the copy of the advertisement and copy of the registrar’s direction in the office of the registrar.
On being satisfied, the registrar will approve the application. Accordingly, the registrar will register the name of the assignee as the proprietor of the trademark.
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Frequently Asked Questions

Common questions about Trademark Assignment Agreement and Procedure in India.

A trademark assignment is the process of transferring the ownership rights, title, and interest in a trademark from one entity (the assignor) to another entity (the assignee). It essentially involves the complete transfer of the trademark's ownership to the assignee.
The key advantages of a trademark assignment include allowing the current owner (assignor) to monetize the value of their brand, enabling the assignee to obtain rights to an already established brand, and supporting business expansion for both parties. It also provides legal documentation to establish ownership rights in case of disputes.
The four main types of trademark assignments are: partial assignment (transfer of limited ownership for specific products/services), complete assignment (transfer of entire rights), assignment with goodwill (transfer of trademark rights and brand value), and gross assignment or assignment without goodwill (transfer of trademark rights without associated brand value).
The prerequisites for a trademark assignment include a written agreement, identification of the assignor and assignee, the assignor's intention and consent, and adequate consideration. Additionally, certain documents like the trademark certificate, NOC from the assignor, and identification documents of both parties are required.
The procedure for a trademark assignment involves filing an application (Form TM-24 or TM-23) by the assignor, assignee, or jointly, along with Form TM-P and requisite documents. The application must be filed within six months of acquiring proprietorship. The registrar will specify advertisement requirements, and upon satisfaction, will register the assignee as the new proprietor.
No, it is not mandatory to transfer the goodwill along with the trademark. The trademark assignment can be done with or without the transfer of goodwill, depending on the type of assignment chosen (assignment with goodwill or gross assignment/assignment without goodwill).
Yes, a partial trademark assignment is possible, where the assignor transfers limited ownership rights for specific products or services to the assignee, while retaining ownership for other products or services covered by the trademark.
The duration of the trademark assignment process can vary depending on factors such as the completeness of the application, the volume of applications being processed by the trademark office, and any objections or issues that may arise during the process. However, it is advisable to initiate the process well in advance to ensure a smooth transfer of ownership.
Yes, advertising the trademark assignment is a mandatory requirement specified by the trademark registrar. The applicant (assignor, assignee, or both) must advertise the assignment as per the registrar's instructions and submit proof of advertisement to the registrar's office.
Yes, the trademark assignment can be challenged or opposed by third parties who may have a legitimate interest or claim over the trademark. In such cases, the parties involved may need to resolve the dispute through legal means or by reaching a settlement agreement.