Trademark

Trademark Assignment in India

Transfer ownership of a registered or pending trademark to another individual or entity. We draft the assignment deed, file Form TM-P, and update the Register on your behalf.

What Is Trademark Assignment?

Trademark assignment is the transfer of ownership of a trademark — whether registered or pending — from one party (the assignor) to another (the assignee). Unlike a licence, which grants rights of use while ownership remains with the original proprietor, an assignment permanently transfers the ownership of the mark.

Assignments are governed by Sections 37–45 of the Trade Marks Act, 1999. The assignee must apply to the Trade Marks Registry to be recorded as the new proprietor using Form TM-P. Until this is done, the Registry does not recognise the new owner.

Types of Trademark Assignment

Complete Assignment

The entire ownership of the trademark — including all rights, title, and interest — is transferred to the assignee in all territories and for all goods or services. The assignor retains no rights.

Partial Assignment

The ownership is transferred only for specific goods or services within a class, or only for certain territories. The assignor may continue to use the mark for the remaining goods, services, or regions.

Assignment with Goodwill

The assignor transfers the trademark along with the goodwill and business reputation associated with it. This is the most common form — the assignee can use the mark in connection with the same goods or services.

Assignment without Goodwill

Only the trademark right is transferred; the assignor retains the goodwill. The assignee may use the mark for different goods or services. This arrangement is less common and has restrictions under the Act.

Transmission: In addition to voluntary assignments, a trademark may also be transferred by operation of law — for example, on the death of the proprietor, through inheritance or legal succession. This is called transmission and follows a similar filing process.

Documents Required

From the Assignor (Seller)

Trademark registration certificate (or application acknowledgement if the mark is pending)
PAN card and identity proof
Signed trademark assignment deed
Board resolution (if the assignor is a company or LLP)
Form TM-48 (Power of Attorney in favour of our firm)

From the Assignee (Buyer)

PAN card and identity proof (or certificate of incorporation if a company/LLP)
Address proof
Signed trademark assignment deed
Board resolution (if the assignee is a company or LLP)
Form TM-48 (Power of Attorney in favour of our firm)

The Assignment Process

Drafting the assignment deed

We draft a comprehensive trademark assignment deed specifying the trademark details, consideration amount, effective date, nature of assignment (with/without goodwill), and representations and warranties of both parties.

Stamp duty and execution

The deed must be executed on non-judicial stamp paper of the appropriate value as per the stamp duty law of the relevant state. Both parties sign the deed before witnesses.

Filing Form TM-P

The assignee files Form TM-P on the IP India portal within six months of the date of assignment (extendable with a fee). The form records the assignment and requests updating of the Register.

Examination by Registry

The Registry examines the application and may raise queries. We respond on your behalf. If the assignment complies with the Act, the Registrar records the change of ownership.

Certificate of registration in new name

The Registrar issues a fresh registration certificate in the name of the assignee. The mark is now legally owned by the new proprietor from the date of the assignment.

What's Included

Filed within 24 hours

Assignment Deed Drafting
Form TM-P Preparation
Filing with Registry
Application Monitoring
Consultation with a TM Expert

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