Assignment and Licensing of Trademark

A famous Mumbai vada pav chain wants to let a franchisee in Nagpur sell under its name. Another owner wants to sell his brand outright to a buyer who will run the business differently. In both cases the public will keep seeing the same mark, so the law worries that customers might be deceived if the wrong people are allowed to use it. The Trade Marks Act handles the first situation through registered users and the second through assignment, and each comes with its own conditions.

In two minutes

A trade mark may be transferred by assignment or transmission, with or without goodwill, subject to restrictions against creating confusing multiple rights, and it may be shared through the registered user system, where the proprietor and user file an agreement and the proprietor keeps control over quality.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Intellectual Property Laws on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.