Assignment of Trademark (India)
This document is a formal agreement for the transfer of trademark ownership from an assignor to an assignee. It includes the transfer of the business goodwill and includes a non-compete clause to protect the new owner's interests for a specified period and area.
Assignment of Trademark
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About this template
What is this template?
This document is a formal deed for the permanent transfer of trademark rights under Indian law. It contains specific language regarding the transfer of 'goodwill' and an indemnity clause regarding the validity of the assignor's title. It is not a trademark license, as it transfers ownership rather than just permitting use.
When should you use it?
Use this document when a brand owner is permanently selling or transferring their trademark rights to a new owner in India. If you only want to allow another person to use the mark for a limited time while retaining ownership, use a Trademark License Agreement instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Assignment | Transfers all rights, title, and interest in the specified trademarks from the Assignor to the Assignee for a stated consideration. |
| 2 | Goodwill | Confirms that the assignment includes the goodwill of the business associated with the use of the trademarks. |
| 4 | Assignor's Covenants | Obliges the Assignor to sign further documents and provide assistance to vest the full benefit of the trademarks in the Assignee. |
| 5 | Indemnity | Requires the Assignor to indemnify the Assignee against losses arising from any defect in the Assignor's title to the trademarks. |
| 7 | Governing Law and Jurisdiction | Subjects the agreement to the laws of India and grants exclusive jurisdiction to the courts at a specified location. |
Who it's for
- an Indian business entity selling its brand name and logo to another party
- a trademark owner transferring intellectual property rights including associated business goodwill
- parties recording a change of ownership with the Indian Trade Marks Registry
How long it runs and how it's signed
Law it's drafted under
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