Trademark Transfer
- ✔ Legally transfers ownership of a registered trademark
- ✔ Helps sell, transfer, or license a brand without disputes
- ✔ Ensures smooth business acquisition or partnership changes
- ✔ Protects the rights of the new owner
- ✔ Avoids legal conflicts or ownership disputes in the future
- ✔ Helps update the Trademark Register with correct ownership details
- ✔ Strengthens brand valuation and commercial rights
- ✔ Mandatory for mergers, acquisitions, takeovers, or brand sales
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Overview
What is a Trademark Transfer (Assignment)?
Trademark Transfer, also called Trademark Assignment, is the legal process of transferring ownership of a registered trademark or trademark application from one person/entity to another.
This transfer is done through a written Assignment Deed and must be recorded with the Trademark Registry to make the new owner legally recognized.
When is Trademark Transfer Needed?
Trademark Assignment is required in situations such as:
- Selling the brand or trademark
- Transfer during mergers or acquisitions
- Change in business structure (e.g., proprietorship to company)
- Transfer from an individual to a company
- Transfer due to partnership changes
- Inheritance or succession
- Licensing the brand to another entity
- Franchising arrangements
Types of Trademark Assignment
1. Complete Assignment
Full ownership is transferred to the new owner, including all rights and commercial usage.
2. Partial Assignment
Ownership is transferred only for certain goods/services or classes.
3. Assignment With Goodwill
The new owner receives rights to use the brand with its existing reputation, customers, and business value.
4. Assignment Without Goodwill
Also known as gross assignment.
The new owner receives brand rights only for new goods/services, and not the old business reputation.
Why Trademark Assignment Is Important
- Ensures clear legal ownership
- Avoids disputes and confusion about brand rights
- Makes the transfer enforceable in court
- Protects commercial interests of both parties
- Updates official records with new owner details
- Ensures smooth use of ® without legal risk
Process of Trademark Transfer
Drafting of Trademark Assignment Deed
A legal document is drafted mentioning:
- Details of current and new owner
- Type of assignment
- Applicable goods/services
- Rights being transferred
- Commercial terms (if any)
Signing of Deed by Both Parties
Both assignor (current owner) and assignee (new owner) sign the deed.
Filing Form TM-P
The Assignment Deed is submitted to the Trademark Registry using Form TM-P, along with government fees.
Examination by Trademark Registry
The Registry examines the deed, checks validity, and may ask for clarifications.
Recordal of New Owner
If approved, the new owner’s name is updated in the Trademark Register and officially recognized.
Issuance of Updated Trademark Ownership Details
The Registry updates all records and databases, confirming the transfer.
Validity
Rules
Documents Required
- 1ID Proof: Aadhaar/PAN
- 2Registration Certificate / Application Number
- 3Assignment Deed draft
- 4Address Proof
- 5GST/Business Registration (if applicable)
- 6TM-48 Authorization (if agent is involved)
- 1ID Proof: Aadhaar/PAN
- 2Address Proof
- 3Entity Registration Certificate (if company/LLP)
- 4Board Resolution/Authorization (for company/LLP)
- 5Contact details (email & mobile)
- 6TM-48 Authorization
- 1Assignment Deed (mandatory)
- 2NOC from current owner
- 3Proof of brand usage (if required)
- 4Power of Attorney (TM-48)
- 5Any commercial agreement (optional)
For More Information
FAQs
Can a trademark be sold like property?
Yes. A trademark is an intellectual property and can be legally sold or transferred.
Is the Registry’s approval mandatory?
Can I transfer a trademark application (not registered mark)?
What is assignment with goodwill?
How long does assignment take?
Can I license a trademark instead of transferring?
Can a trademark be assigned to multiple owners?
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