Difference between File Trademark Assignment India and Trademark License

Difference between File Trademark Assignment India and Trademark License

Trademarks are the marks are used to distinguish the between the goods and services offered by one enterprise from that of the other. Trademarks can be licensed to others or can be assigned to other.

The File Trademark Assignment India refers to the process by which proprietorship of a registered trademark is passed completely from one party who is the proprietor the trademark to the other party. A trademark can be assigned with or without the goodwill of the business. Even the unregistered trademark can be assigned with or without the goodwill of the business. An application must contain full particulars of the instrument of title in case of goodwill with the business. If the assignment is without the goodwill of the business, then the applicant must state that the trademark was used in the business in any of the subject goods and services and the assignment was made otherwise than in connection with the goodwill of that business.

The trademark licensing refers to the process by which the proprietor of a registered trademark is not completely passed on another party from the part holding the proprietorship. In cases of trademark licensing the proprietor of the trademark only licenses the use of the trademark for business. The trademark owner authorizes a third party to use the trademark, and this authorization is known as trademark licensing. The trademark license is given only for a specific period of time and not forever. Trademark licenses can be given to more than one party with or without the goodwill of the business

There lies a difference between File Trademark Assignment Indiaand License of a trademark. The differences between them are as follows,

  1. In Assignment of Trademark, complete ownership is transferred whereas, in a license of trademark only the license to use the trademark is given.
  2. In Assignment of Trademark, the trademark is assigned forever to an indefinite period of time whereas, in the license of a trademark, the trademark is licensed only a specific period of time.
  3. In Assignment of the Trademark, the assignment should in writing compulsorily, whereas in licensing of the trademark it need not be writing.
  4. In Assignment of the Trademark, there does not exist a continuing relationship between the proprietor and the third party whereas, in a license of trademark there does exist a continuing relationship between the proprietor and the third party.
  5. In Assignment of the Trademark, a record of the assignment must be kept with the Registrar whereas in a license of trademark a record of licensing need not be kept with the Registrar.
  6. Assignment and transmission of the Trademark all the rights related to the trademark are given whereas in the license of trademark only certain rights related to the trademark are given.

These are the difference between assignment and transmission od trademark and Trademark License. Though the whole process of assignment and licensing may seem to be a tedious task however with a help of a law firm like Company Vakil, which is an expert in IP registration, even the most complex work of licensing and assignment agreement can be carried out smoothly.

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