Like any other asset, trademarks can be transferred from one owner to another. Such transfers may occur through an assignment, merger, or amalgamation between two entities.

A Trademark Assignment is the process where the trademark owner (assignor) transfers ownership of the mark to another entity (assignee), either with or without the goodwill of the business. This ensures the new owner gains exclusive rights over the trademark, including its use, licensing, and enforcement.

 

Who Can Apply for Trademark Registration Online?

 

In India, trademark registration is available to a wide range of entities and individuals, including:

 

• Individuals – Any person can register a trademark under their name, even without a registered business.
• Joint Owners – If a trademark is jointly owned, both owners must apply together.
• Proprietorship Firms – The business owner can apply for a trademark in their own name, as proprietorships are not separate legal entities.
• Partnership Firms – A partnership firm with up to 10 partners can apply for trademark registration. The names of all partners must be mentioned in the application.
• Limited Liability Partnerships (LLPs) – The application must be filed under the LLP’s name, as LLPs have a separate legal identity.
• Indian Companies – Private Limited, Public Limited, and One-Person Companies (OPCs) can register trademarks in their company’s name.
• Foreign Companies – A foreign entity can apply for a trademark in India using its registered business name.
• Trusts & Societies – Non-profit organizations, trusts, and societies can apply for trademark registration through their authorized representative.

Types of Trademark Registrations in India

 

Trademark registration in India is categorized into different types based on its purpose and use. Below are the key types of trademarks:

 

1. Product Mark

 

A Product Mark is used to identify goods or physical products rather than services.
It is typically registered under Trademark Classes 1-34, which cover various goods and manufactured items.

Example: Apple® for electronic devices.

 

2. Service Mark

 

A Service Mark is used to distinguish services rather than physical goods.
It is registered under Trademark Classes 35-45, which cover various service sectors such as finance, education, hospitality, and entertainment.

 

Example: Netflix® for streaming services.

 

3. Collective Mark

 

A Collective Mark is used by a group, association, or organization to indicate that its members adhere to specific standards.

 

It is commonly used by trade unions, professional organizations, or industry groups.
Example: CA® (Chartered Accountants Association of India).

 

4. Certification Mark

 

A Certification Mark is used to certify that a product or service meets specific quality, safety, or origin standards.

 

It ensures consumer trust by signifying compliance with set regulations.

 

Example: ISI Mark (Indian Standards Institute) on electrical appliances.

 

5. Pattern Mark

 

A Pattern Mark protects unique design patterns or arrangements used to distinguish products or packaging.

 

The design must be distinctive and non-functional to qualify for trademark protection.
Example: Louis Vuitton’s Damier pattern on handbags.