A simple Trademark Assignment Agreement will key out the following basic checklist:

• Trademark: – That describes the legally distinguished word, phrase or symbol or design including the official trademark number if the trademark has been filed in the U.S. Patent and Trademark Office.
• Effective Date – When the recognized trademark is formally transferred to the mark owner.
• Consideration- Fee payment is paid for the mark
• Assignor- the current owner who is owning the trademark
• Assignee – the future owner who is giving money to get or to own the trademark
• Warranties- the assignor assures that the Assignor is the true present owner and have the power to transfer the ownership and own the power or right to transfer the trademark
• Signatures- that states that the assignor and the assignee must come to a contract or an agreement
• Notary Public- The agreement or the contract must be notarized in case the assignee expects to register the trademark outside the country.

Trademark Registration in India

Taking a trademark registration online would help a business entity make use of certain symbols or even words that represent the business and the products or the services made available by them. This will also help in marking the products and services offered by them as unique ones when compared to the competitors or the rivals. And the trademark registration taken by one person or business cannot be taken by any other person or business entity. It acts in the form of an asset that would equip the business to protect its brand name which is a major part of its credibility and identity.

Eligibility for Availing Trademark Registration Online in India

• Individuals
• Business entities
• Non-Profit Organizations
• Proprietorship entities
• Joint Venture
• Foreign Company
• Indian Company
• LLP or Limited Liability Partnership
• Trust
• Society

Types of Trademark Registration Online in India

The types of trademark registration online that can be taken in India have been discussed below:

Product Mark

This is majorly representing the product or a good that is sold by an entity. It will help in marking and registering the origin of the product which would help the entity maintain its credibility. The trademarks application made from 1 to 34 are considered to be the ones taken for marking the products or the goods.

Service Mark

It is marking a service rather than a product for distinguishing the proprietors from the real owners of such similar services being provided. It shall be filed under the class of trademarking starting from 35 to 45.

Collective Mark

It is used for calling out to the public the differential features or attributes that are held by a product or a service which is representing a collective of the same. This can be used by both individuals and groups such that they can collectively protect the goods or services and such entities can either be a company formed under Section 8 of the Companies Act, an association, or even a public institution.

Certification Mark

This helps in denoting the origin, the quality, material used, and other specific details of the products which are being sold. This is basically done to provide customers an assurance that the product is certified and marked after making itself taken through several quality checks and standard tests. This type of trademark registration online is generally sent on foods that come packed or even toys.

Shape Mark

This will help in marking and protecting the shape of a product which would make it easy for consumers in the market to relate it directly with the particular producer of the goods and buy it from them along. But it is important that the product is having a noteworthy shape.

Pattern Mark

This can be done for those products which are having a noteworthy pattern which is acting as the factor differentiating and distinguishing the same from the other products. For this, the patterns should stand out and should be remarkable and unique.

Sound Mark

This is the marking given for a sound that can be associated with a product or the service that is having its origin with a certain vendor of the same. It is also known as audio mnemonics and is seen either at the beginning or end of an ad, say the IPL tune.

• • Procedure to document the trademark assignment with the Registry

    Assignment of the undocumented Trademark- As per Section 39, the unregistered trademark could also be transmitted or allowed with or without the goodwill of the business concern involved.

    Assignment of the Registered Trademark – the trademark can partly or completely transmit or allot with or without the goodwill of the business concern to another company. The fee for the trademark assignment varies depending on the nature of the assignment.

    The Need of Trademark Assignment Agreement in India

    It is a legally written document that helps in transmitting the ownership of the trademark or service mark when required. A transfer of trademark or ownership comes into the action when a company or product is being sold to another organization or person.

    Types of Trademark Assignment Agreement

    Federally Registered	Common-Law Or Unregistered
    Usage of Registered trademark symbol (R) or ®	Usage of the Trademark symbol ™ or (TM)
    Officially registered with the USPTO	Uses the Service Mark symbol (SM)
    Raised rights because the public is on formal Notice	Logos and Brand names are automatically protected when an entity uses the trademark in the normal course of commerce

    The consequences of not using the Trademark Agreement

    There will be a dusky vision on the business report who currently have the trademark without the Trademark Assignment. Therefore, the following are the results for not using the agreement

    Assignors Or Current Owner	Assignees Or Future Owner
    Loss Of Time Time spent demonstrating that the trademark was not transferred	Loss Of Time The higher burden of documents as proof that the trademark was transferred
    Loss Of Money Another business uses the same trademark  without paying or without formal transferring process	Loss Of Money Unable to take advantage of the value of goodwill
    Loss Of Image Business goodwill affected Customer Confusion of the Product or Service	Loss Of Image Unable to federally register Obtain a cease and desist letter

    How Does Trademark Assignment Work In India?

    The transfer of a trademark can be done in different forms. The owner of the trademark can transfer all the rights and power with respect to a trademark to another business in different ways.

    • Example 1

    The proprietor of a brand XYZ Pvt Ltd sells his mark fully through an official agreement to ABCPvt Ltd. Once the transferring process is completed, XYZ Pvt Ltd doesn’t hold any power or rights on the brand name or trademark. This is known as A Complete Assignment of Transfer of Trademark.

    • Example 2

    Mr Sundaram, the proprietor of a trademark or brand used for pickles, spices and sauces. He transfers the rights in the brand-related to spicy products to Lalitha but it holds the rights in the trademark or brand related to pickles and sauces. This is known as the Partial Assignment of Trademark.

    After that, there are various types of Trademark Assignment that are mentioned below-

    Assignment with Goodwill: The power and value of a brand or trademark are related to the product which is also transferred to another entity. The assignment without the Goodwill- Here the owner limits few rights of the new owner. Thus, in this type of trademark assignment, the goodwill is attached to those brands with respect to the product