Trademark Transfer in India – Everything You Need to Know
Trademark transfer is the legal process of assigning ownership of a registered or pending trademark from one entity to another. It ensures the assignee acquires full legal rights, title and interest in the mark, and must be recorded with the Trademark Registry using Form TM-P.
Why is Trademark Transfer Required?
Trademark transfer is necessary to legally document the change of ownership — typically required on sale, merger, succession, inheritance, or restructuring. Without recordal, the new owner cannot enforce rights or prevent infringing use.
- Sale of a business or brand: ensures legal title to the buyer.
- Mergers & acquisitions: transfers IP as part of transaction assets.
- Succession & inheritance: records ownership changes on death or insolvency.
- Licensing/franchising: clarifies rights when transferable portions are involved.
Types of Trademark Transfer
Complete Assignment
All rights, title and interest fully transferred to the assignee.
Partial Assignment
Rights transferred only for specific goods/services; assignor retains rest.
Assignment with Goodwill
Transfer includes goodwill, reputation and client base.
Assignment without Goodwill
Gross assignment where goodwill is expressly excluded.
Transmission
Transfer by operation of law (inheritance, bankruptcy, dissolution).
Documents Required for Trademark Transfer
Essential documents to record an assignment/transfer
Deed of Assignment
Executed assignment/transfer agreement stating scope, consideration and whether goodwill is included.
Notarized Agreement
Signed and notarized transfer deed on appropriate stamp paper as per local laws.
Affidavit / Declaration
Affidavit confirming authenticity of transfer & facts.
Proof of Ownership
Copy of trademark registration certificate or application details.
Power of Attorney (TM-48)
If filed through an agent/attorney.
Identity & Address Proof
PAN, Aadhaar or Certificate of Incorporation for both parties.
Supporting Legal Docs
Succession, merger, bankruptcy or other documents if transfer by operation of law.
No Objection Certificate
NOC from assignor if required and any other consents.
Benefits of Trademark Transfer
Legal Ownership Recognition
New owner becomes legally registered proprietor.
Monetization
Enables sale, licensing and commercial exploitation of the mark.
Business Continuity
Maintains brand identity in M&A and restructurings.
Avoids Disputes
Clear record reduces ownership conflicts and litigation.
Enhances Brand Value
Strengthens goodwill under new ownership.
Facilitates Global Filings
Eases international IP management and registrations.
Process of Trademark Transfer in India
Step-by-step recordal procedure for assignments & transmissions
Draft Assignment Deed
Prepare Deed of Assignment specifying assignor, assignee, scope, consideration and goodwill clause.
Execute & Notarize
Sign and notarize the deed on appropriate stamp paper; obtain required signatures.
File TM-P Application
File Form TM-P on the IP India portal within 6 months of assignment date.
Attach Documents
Attach deed, POA, identity proofs and supporting legal documents.
Examination by Registry
Trademark Registry reviews documents and may seek clarifications.
Recordal of Ownership
Registrar records new owner in Register and issues acknowledgment when approved.
Timeline & Government Fee
| Form Used | TM-P |
| Relevant Section | Section 45, Trade Marks Act, 1999 |
| Deadline | Within 6 months from date of assignment |
| Government Fee (E-filing) | ₹9000 per mark per class |
| Processing Time | Typically 3–6 months (subject to examination) |
Key Legal Points to Remember
- Assignment must clearly state whether it includes goodwill — this affects enforceability.
- TM-P should be filed within 6 months of execution; extensions are not automatic.
- Unregistered marks may also be assigned via a written agreement, but recordal strengthens rights.
- Conditional or restricted assignments require Registrar's scrutiny and approval.
- Failure to record leaves the Register showing the old owner; the new owner cannot enforce rights until recorded.
Frequently Asked Questions (FAQs)
Yes. A pending application can be assigned; TM-P should be filed to record the transfer.
Either the assignor or assignee, or an authorized trademark attorney, can file TM-P.
TM-P must be filed within 6 months from the date of the assignment deed.
Yes — a gross assignment transfers the mark but excludes goodwill; this must be expressly stated.
The Register will continue to show the old owner and the new owner cannot legally enforce ownership until recordal.
Yes — trademarks registered in India can be transferred to foreign entities, subject to compliance with Indian law.
Need assistance with Trademark Transfer?
We draft assignment deeds, prepare documentation, file TM-P and follow up with the Trademark Registry to ensure smooth recordal of ownership transfers.
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