The assignment of a trademark is a transaction whereby the current owner transfers their exclusive rights to the mark entirely to another party. It is important not to confuse this with licensing: in licensing, you retain ownership of the brand and merely grant permission for its use, whereas in an assignment, you relinquish all rights to the mark permanently. For the transaction to be legally valid, it must be registered with Rospatent; without registration, the assignment is considered invalid.

When reviewing an application, Rospatent focuses on two main conditions. First, the transfer of the mark must not mislead consumers. For example, transferring a well-known dairy product brand to a manufacturer of technical fluids would constitute consumer deception. The second condition pertains to similar marks: if you own several marks that are confusingly similar for related goods, it is not permissible to assign only one of them, as this would cause market confusion. In such cases, all similar marks must be transferred together.

The procedure itself involves the parties entering into a written agreement, paying the state fee, submitting an application to Rospatent, and upon registration, the new owner receives a certificate for the mark. The law also prohibits assignment in certain circumstances. An application will be denied if the mark has not been used for three consecutive years at the time of transfer or if the owner wishes to assign rights only for part of the goods listed-the trademark can only be transferred in full.

Thus, an assignment constitutes the formal transfer of ownership of a brand. This process necessitates registration and verification by the state, and upon its completion, the original owner completely relinquishes control over the trademark.