A trademark can be assigned, with or without the goodwill of the business, by a written assignment deed signed by the parties and stamped as per state law. The assignee then files Form TM-P with the Trade Marks Registry to record the change of ownership. Recording is essential for the new owner to enforce the mark.
Types of assignment
- Complete or partial (for some goods)
- With goodwill or without goodwill
Assignment deed
- Parties and mark details
- Consideration
- Scope and territory
- Warranties
Recording
File TM-P with the deed and fee; the Registry updates the register.
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Get expert help →Assignment without goodwill
Requires advertisement as directed by the Registrar.
Frequently asked questions
Can pending applications be assigned?
Yes, and the change is recorded on the application.
Is a licence the same as assignment?
No. A licence permits use; assignment transfers ownership.
Is stamp duty payable?
Yes, per state law on the deed.
What if assignment is not recorded?
The assignee may face difficulty enforcing the mark.
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