Trademark Assignment Under Scrutiny In A Case Of Deceptive Similarity

Trademarks represent a distinct type of intangible property. It is any device or mark which identifies the goods or services of one party and distinguishes them from competitors. It also becomes a symbol of business goodwill after considerable usage and cannot exist apart from the goodwill that it represents. As Such, a trademark cannot be transferred or assigned without the transfer of the goodwill associated with the trademark. Any instance of assigned trademark sans the goodwill is void.

"Goodwill" is an intangible and evasive concept and sometimes it may so happen that the language of the assignment fails to capture the substance of the transaction making obligatory on the courts look to the reality of the transaction to determine if "goodwill" has indeed been transferred. The courts focus on the assignee's use of the trademark and whether the assignee uses the trademark so as to continue the