The assignment of the trademark happens when ownership of the trademark transfer from one party to another party. The assignment takes place with or without goodwill of business. The assignment has to be recorded in trademark journal. The transferring party (“assignor”) transfers to the receiving party (“assignee”). An assignment different from a license, which license is the grant of permission to use trademark in some manner but does not transfer any rights of ownership of trademark. In India, Section 37 of Trademark Act 1999 provides provision for trademark assignment. The Act also have provision for the assignment of an unregistered trademark, with or without the goodwill of the business concerned.

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