Yes. According to Section 38 of the Trade Marks Act, 1999, an unregistered trademark may be assigned or transmitted with or without the goodwill of the business concerned.
Assignment with Goodwill: This occurs when the owner transfers the rights to the trademark along with the reputation and customer loyalty associated with that brand.
Assignment without Goodwill: This is often called "assignment in gross." The assignee gets the right to use the mark for certain goods, but the assignor keeps the reputation for other parts of the business.
Legal Requirement: If an unregistered mark is assigned without goodwill, the assignment must be advertised in a newspaper as directed by the Registrar. This ensures the public is not confused about who is now providing the goods.
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