The Assignor wishes to sell to the Assignee all of its interest in the Trademarks.
The Assignee may not assign or otherwise encumber its interest in the Trademarks or any associated trademark registrations until it has made the payment in subsection (a) to the Assignor. The Assignor hereby represents to the Assignee that it: The Assignor shall immediately notify the Assignee if any facts or circumstances arise that would make any of these representations inaccurate.
Assignment with goodwill This is the kind of assignment wherever the owner transfers the price and rights of the trademark as related to the merchandise it sells.
For instance, A, owner of “KL” trademark for producing and marketing of the watches, will assign the trademark besides giving the receiver the right to use the aforesaid trademark for a corresponding product.
The owner of the trademark to be transferred will transfer to all his/her rights related to it to a different entity. Trademarks are regularly transferred from one owner to another owner.
The transfers will be temporary through the form of licensing or permanent through the form of assignment.
The owner can retain the right to earn royalties, to transfer etc.
For instance, A, owner of the tea and the biscuit whole, transfers trademarked rights solely with relation to the biscuit whole and retains the rights over the tea whole, this can be aforesaid to be a partial assignment.
Assignment without goodwill This is the assignment wherever the owner limits the receiver to use the trademark for the merchandise he/she uses it for.
That is, the goodwill connected to the possessor’s whole with the relation to the merchandise already being sold-out under such whole is not transferred to the client.