Assignment and transmission of a trademark refer to the transfer of ownership of the trademark from one person or entity to another.
Assignment of Trademark
An assignment of a trademark can be made by way of a written agreement between the assignor (current owner) and the assignee (new owner). The agreement should specify the terms and conditions of the transfer, including the trademark registration number, the goods or services for which the trademark is registered, and any associated goodwill or intellectual property rights.
Once the assignment is recorded with the relevant government agency, such as the Trademark Registry in India, the new owner assumes all rights and responsibilities associated with the trademark, including the right to use the mark and the obligation to defend against any infringement.
Transmission of Trademark
Transmission of a trademark refers to the transfer of ownership of a trademark due to the death or bankruptcy of the current owner. In such cases, the trademark can be transmitted to the legal heirs or the official assignee, respectively.
It is important to note that any assignment or transmission of a trademark must be recorded with the relevant government agency in order to be effective. Failure to do so may result in the loss of legal protection for the trademark.
