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sanket (Advocate)     07 December 2011

Trade mark assignment

What is assignment of trademark means? if "Alpha" , a manufacturing company has registered trademark in India for all its products and if that Alpha company assign its trademark to "Beta", a distributor company then will Beta has exclusive right to use such mark within India? can Alpha continue to manufacture products with same trade mark for the purpose of selling products through Beta only?  (Beta is consenting for same)

What will be trademark rightst of Alpha if it assings trademark to Beta in india and if Alpha is exporting its products in other countries then will it cause infringment of trademark for Beta?

What will be the rights and remedies for Beta if Alpha stops supplying to Beta?

Also explain what is assignment with goodwill of business means?

We are Beta company and wish to bind Alpha to supply us on perpetual basis so what role will assignment of trademark play in the said strategy? please advise what to do? which agreement shall we enter into to acheive this purpose. (we dont want to go for Joint venture).

Please advise on this very urgently as we are very much in need of expert opinion on this issue before negotiating with Alpha. (any further advises except on above queries are welcome) Thank you.


 3 Replies

Rajesh Hazra (Mediator and Legal Counsel )     08 December 2011

You need to execute an Licence between the parties with the conditions as desired.

sanket (Advocate)     08 December 2011

Our basis purpose is to bind Alpha for perpetual period and shall not in any way part with us in respect of supply and since we will be putting our best efforts to promote brand of Alpha in India therefore we want to put compensation condition to Alpha in case of termination hence kindly confirm whether this compensation terms is valid in the eyes of law and can we insert this term into License agreement. Please forward us the drafts for licensing of trademark if available.

Please guide me in detail with reference to above referred discusion in respect of Licensing and assignment of Trademark and which mode will be more efficient for us in order to acheive perpetual relationship with Alpha and bind them to pay compensation to us for our promotional efforts for development of their brand?

Reply is needed on urgent basis as we are running out of time to meeting with Alpha. Thanking you once again

Nagaraja B S (Corporate Commercial & IP Lawyer)     17 December 2011

This is called Brand Licensing, which can be done for a specific period & royalty fees can be collected.


For more details, Contact



Corporate, Commercial & IP Lawyer

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