Trademark Assignment & Transfer
Move ownership of a registered mark to another person or entity and record it with the registry.
A trademark can be sold, transferred or licensed like any other property. An assignment moves ownership; a licence permits someone else to use the mark while you retain it. Both should be in writing, and both should be recorded with the registry.
Recording is not a formality. Until the registry’s record shows the new owner, the assignee may have difficulty enforcing the mark, renewing it, or relying on it in a transaction — because the register still names someone else.
What this costs
Basic
₹3,704 plus GST
- Prepared by an attorney
- Filing on IP India
- Assignment Deed
- Ownership change
The kinds of assignment
- Complete assignment — all rights in the mark pass to the assignee
- Partial assignment — rights pass only for specified goods or services
- Assignment with goodwill — the mark passes together with the business it represents
- Assignment without goodwill, also called gross assignment — the mark passes for goods other than those the assignor continues to use it on
- A licence, where ownership stays with you and use is permitted on agreed terms
Why assignment without goodwill is restricted
A trademark exists to indicate origin. If the mark is separated from the business entirely, the public can be misled about whose goods they are buying, which is why the Act restricts assignment without goodwill.
Where such an assignment would create multiple exclusive rights in the same or similar goods, it can be invalid. The registrar’s direction may be required, and the assignment advertised as directed.
Six months to record it
The application to record an assignment should be made within six months of the assignment, extendable on payment of additional fees.
Delay creates practical problems well beyond the fee. Renewals go to the recorded proprietor, infringement actions are brought in the recorded proprietor’s name, and a purchaser doing diligence sees a register that contradicts your paperwork.
How we handle it
- 1 Reviewing the mark We check the registry record for the current proprietor, status, renewal date and any encumbrance.
- 2 Drafting the deed The assignment or licence is drafted, specifying whether goodwill passes and which goods are covered.
- 3 Stamping and execution Stamp duty is computed and the deed executed by both parties.
- 4 Filing to record Form TM-P is filed with the deed within the six-month window.
- 5 Registrar’s directions Where an assignment without goodwill requires directions or advertisement, we obtain and comply with them.
- 6 Record updated The register is updated to show the new proprietor, and we confirm the renewal date now attaches to them.
Frequently asked questions
What is the difference between assignment and licensing?
Assignment transfers ownership permanently. A licence lets someone use the mark on agreed terms while you remain the owner and retain control over quality.
Must an assignment be recorded?
The assignment is valid between the parties once executed, but until it is recorded the register names the old proprietor, which creates real difficulties in enforcement, renewal and diligence.
Can I assign a pending application?
Yes. An application can be assigned before registration, and the assignment is recorded in the same way.
What does assignment with goodwill mean?
The mark passes together with the business and reputation it represents. Assignment without goodwill separates the mark from the business, which the Act restricts because it can mislead the public.
Is stamp duty payable?
Yes. A deed of assignment attracts stamp duty at the rate the relevant state prescribes, payable at actuals over and above professional fees.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Trademark Assignment & Transfer
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
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