Trademark Transfer / Assignment

  • Quick Processing & Registry Recordal
  • Fast Filing of Form TM-P with Registry
  • Support for Registered & Unregistered Marks
  • Expert Drafting of Assignment Deeds
  • Protection Against Ownership Disputes
  • Customized End-to-End Legal Packages
  • 100% Legally Compliant Assignments
  • Nationwide Trademark Transfer Services

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Trademark Transfer / Assignment

Trademark Transfer / Assignment

Trademark Transfer, also known as Trademark Assignment, is the legal process of transferring ownership rights of a trademark from one party to another. It can be a complete or partial transfer, with or without goodwill, and is applicable to both registered and unregistered marks. The process involves executing an assignment deed, filing Form TM-P with the Trademark Registry, and obtaining approval. Timely and properly executed assignment ensures smooth transfer of rights, prevents disputes, and safeguards the brand’s legal protection.

Documents Required

  • Trademark registration certificate or application details.
  • Trademark Assignment Deed/Agreement.
  • NOC from the assignor (if applicable).
  • Power of Attorney (if filed through consultant/attorney).
  • ID & address proof of both parties.
  • Proof of payment/consideration (if applicable).

Trademark Transfer / Assignment Process

  • Drafting Assignment Agreement

    A legal agreement is drafted outlining terms of transfer, type of assignment, rights transferred, and consideration (payment).

  • Filing Form TM-P

    The application for assignment is filed with the Trademark Registry using Form TM-P.

  • Submission of Supporting Documents

    Documents such as assignment deed, ownership proof, NOC (if applicable), and power of attorney are submitted.

  • Review by Registrar

    The Registrar examines whether the transfer complies with legal provisions and is not against public interest.

  • Approval & Recordal

    Once satisfied, the Registry records the transfer in its database, and the new owner’s name is updated in the trademark register.

Trademark Transfer / Assignment FAQs

Why should I hire a consultant for trademark transfer?

Consultants ensure accurate drafting, proper filing, and Registry compliance, reducing the risk of rejection.

Can I sell my trademark to another company?

Yes, selling a trademark is a form of complete assignment.

What happens if the Registry rejects an assignment?

You can file an appeal or revise the deed to comply with Registry requirements.

Can ownership be transferred during renewal?

Yes, transfer/assignment can be filed during the renewal process.

Is stamp duty applicable on trademark assignment?

Yes, stamp duty is applicable as per state-specific laws on assignment agreements.

Can foreign entities receive trademark assignments in India?

Yes, assignments can be made to foreign individuals or companies, subject to compliance.

Can a trademark be assigned to multiple owners?

Yes, partial assignments can be made for different goods, services, or territories.

What if the assignment is not registered?

The transfer may not be legally valid, and disputes can arise over ownership.

Is it necessary to register an assignment with the Registry?

Yes, only a registered assignment is legally enforceable and protects the rights of the assignee.

Can assignment be done with or without goodwill?

Yes, trademarks can be assigned with goodwill (including reputation) or without goodwill (restricting usage).

How long does the assignment process take?

It generally takes 2–4 months, depending on the Registry’s workload and document accuracy.

What is the fee for filing TM-P?

The government fee is ₹9,000 per mark per class (for online filing).

What forms are required for assignment?

Form TM-P is required to be filed with the Trademark Registry.

Can an unregistered trademark be assigned?

Yes, even unregistered trademarks can be assigned through an agreement, though enforceability is stronger with registered marks.

What is the difference between trademark licensing and assignment?

Assignment is a permanent transfer of ownership, while licensing is temporary permission to use a trademark.

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