Trademark Assignment & Transfer
Selling a brand, merging businesses or changing ownership? We draft the assignment and record the new owner with the Trade Marks Registry.
Quick answer
Trademark assignment is the transfer of ownership of a registered or pending trademark from one person to another under the Trade Marks Act, 1999. It needs a written assignment deed, and the new owner must apply to the Registry (Form TM-P) to be recorded as the proprietor.
Key facts
- Both registered marks and pending applications can be assigned.
- A written assignment deed between assignor and assignee is the basis.
- The change of ownership is recorded by filing Form TM-P with the Registry.
- The assignment can be with or without the goodwill of the business, subject to the Act.
- Until recorded, the new owner may face difficulty enforcing the mark.
When you need it
- Selling or buying a brand
- Transferring a mark from a founder to a new company
- Restructuring a group, merger or demerger
- Resolving ownership after a partnership break-up
How the process works
- Review the mark and partiesWe confirm the current owner and the status of the mark.
- Draft the assignment deedWe prepare the deed with clear terms on goodwill and territory.
- File Form TM-PThe Registry is asked to record the new owner.
- Updated registerOnce recorded, the new owner appears as proprietor.
Frequently asked questions
Can I sell a trademark that is not yet registered?
A pending application can be assigned, and the assignee continues the application.
Is a trademark assignment deed mandatory?
A written assignment is the standard way to prove the transfer and is needed for recording.
Does the registration need renewing after assignment?
The registration keeps its original validity; the new owner handles renewal.
Talk to Trademark Wale
Share your brand name or application number on WhatsApp and get a clear, no-pressure answer on the next step.
WhatsApp usCall +91 90822 76901