What Is a Trademark Assignment?

A trademark assignment is the transfer of ownership of a mark from one party to another — through a sale, a corporate restructuring, or as part of a broader business transaction.

With or without goodwill

An assignment can be made with the goodwill of the underlying business (the mark transfers along with the business reputation attached to it) or without goodwill — sometimes called a "gross" assignment — where the mark changes hands separately from the business it was used in. The distinction affects how the mark can be used and represented afterward, since a mark assigned without goodwill can create confusion if not handled carefully.

Why recording it matters

An assignment isn't just a private agreement between the parties — to have legal effect against the world (including to enforce the mark against infringers, or to renew it), the transfer needs to be recorded with the Trade Marks Registry. Which form you file depends on where the mark stands: Form TM-P if the mark is already registered, or Form TM-M if the assignment happens while the application is still pending registration. Leaving an assignment unrecorded is a common gap that surfaces later, typically when the new owner tries to enforce or renew a mark the Registry's records still show as belonging to someone else.

Where this fits

Assignment is a distinct event from the original registration process covered in our trademark registration guide — it applies to a mark that's already registered (or pending) and is changing hands. It's one part of the ownership-management work that continues well past filing — see our guide to the full trademark lifecycle for the rest.

Register a trademark