Trademark is a kind of property and like any other tangible property, trademark also can be sell, transfer and lease out (License). Such a transfer can be done through a trademark assignment or through licensing agreement.
Assignment can be done for Registered and unregistered trademark. Assignment is a transfer of ownership from one party to other party.
A mark may be assigned or transferred to another entity in any of the following manners:
• Complete Assignment to another entity– The owner transfers all its rights with respect to a mark to another entity, including the rights to further transfer, to earn royalties, to license, etc.
• Assignment but with respect to only some of the goods/ services– The transfer of ownership is restricted to specific products or services only.
• Assignment with goodwill– under such assignment the rights and goodwill of a trademark as associated with the product is also transferred to another entity.
• Assignment without goodwill– This is an assignment wherein the original owner transfer the trademark but not the goodwill attached to the products/service for which the original owner is using it. This means that assignor & assignee both can use the same trademark but for dissimilar goods or services.