01
Complete Assignment
All rights in the mark are transferred fully to the assignee.
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Sections 37–45, Trade Marks Act, 1999 • Form TM-P Recordal
Trademark Assignment & Transfer Services in India
Transfer trademark ownership properly when a brand is sold, restructured, inherited or moved between entities. RegisCorp Consultancy LLP prepares and records assignments so your trademark register always matches commercial reality.
Our assignment and recordal services are available online across all Indian states, for both registered trademarks and pending applications.
01 • FORMTM-PRecordal filing
02 • TIMELINE2 to 4Months to record
03 • COVERAGEPan IndiaExpert support
Clarity continues beyond the first step.
The original page-specific roadmap is retained here, with every detail available after the quick enquiry panel.
What is Trademark Assignment?
Trademark assignment is the transfer of ownership rights in a registered or pending trademark from one party (the assignor) to another (the assignee), governed by Sections 37 to 45 of the Trade Marks Act, 1999. It is commonly required when a brand is sold, a business is restructured, ownership passes by inheritance, or a mark moves between group entities.
WAYS TO TRANSFER
Types of Trademark Assignment
02
Partial Assignment
Rights are transferred only for specific goods, services, or classes.
03
Assignment with Goodwill
The assignee also acquires the business reputation associated with the mark.
04
Assignment Without Goodwill
The assignee may use the mark only for specified goods or services, without the associated reputation.
BEFORE YOU FILE
Documents Required for Trademark Assignment
01
Registration Certificate
Trademark registration certificate or application details.
02
Identity & Address Proof
Identity and address proof of the assignor and assignee.
03
Executed Deed
Executed deed of assignment, duly stamped.
04
Board Resolution
Authorisation letter, where a company is involved.
05
Transfer Agreement
Business transfer agreement or ownership documents, where relevant.
06
Form TM-P
Form TM-P for recordal of subsequent proprietorship.
A CONTROLLED WORKING SYSTEM
Trademark Assignment Process
01
Confirm Ownership
Confirm current ownership and the marks to be transferred.
02
Draft the Deed
Draft the deed of assignment covering rights, consideration and goodwill.
03
Execute & Stamp
Execute and stamp the deed as required under the applicable state law.
04
File Form TM-P
File Form TM-P with the Trade Marks Registry along with the deed.
05
Registrar Review
The Registrar reviews the application and, where required, directs public advertisement.
06
Recordal
Recordal is entered and an updated registration reflects the new owner.
WHY IT MATTERS
Why Assignment Recordal Matters
01
Legal Certainty
Gives legal certainty of ownership and avoids future title disputes.
02
Completes Transactions
Required to complete a business sale, merger, or brand licensing transaction.
03
Accurate Register
Keeps the trademark register aligned with who actually owns and uses the mark.
04
Stronger Enforcement
Supports enforcement action, since the recorded proprietor's rights are clearest to establish.
05
Due Diligence Ready
Often required by buyers, investors, or licensees during due diligence.
DECISION TABLE
Assignment vs Licensing vs Transmission
| Basis of Comparison | Assignment | Licensing | Transmission |
|---|---|---|---|
| 01Nature of Transfer | Permanent transfer of ownership | Temporary right to use, ownership unchanged | Transfer by operation of law (inheritance, succession) |
| 02Governing Provision | Sections 37–45, Trade Marks Act, 1999 | Registered User provisions, Trade Marks Act | Section 2(1)(zc) read with assignment provisions |
| 03Filing Required | Form TM-P | Registered user agreement filing | Form TM-P with legal proof of transmission |
| 04Effect on Proprietor | Assignor loses all rights transferred | Licensor remains the registered proprietor | Original proprietor's rights pass to legal heirs/successors |
| 05Typical Use Case | Business sale, restructuring, brand transfer | Franchising, brand partnerships, manufacturing tie-ups | Death of proprietor, company merger by law |
PRIMARY TRADEMARK REFERENCES
Check the current official process.
EXPLORE RELATED IP SERVICES
Choose the next step in your IP protection lifecycle
01
Trademark Assignment
Transfer ownership of a mark when a business is sold or restructured.
Current service ↗02Trademark Registration
Register a new mark before or alongside an assignment.
Explore Registration ↗03Trademark Renewal
Keep an assigned mark active for the new owner every 10 years.
Explore Renewal ↗04Trademark Opposition
Resolve any pending disputes before finalising an assignment.
Explore Opposition ↗05Copyright Registration
Protect the creative and literary works behind your brand.
Explore Copyright ↗06IP Advisory & Strategy
Structure IP transfers as part of a wider M&A or licensing transaction.
Explore IP Advisory ↗Transfer Your Trademark with Expert Legal Support
Get end-to-end assistance for assignment deed drafting, stamping, and Form TM-P recordal. Our experts support businesses across all Indian states through a clear, well-documented transfer process.
Talk to a Trademark SpecialistCOMMON QUESTIONS
Frequently Asked Questions
Answers to the questions businesses ask most often about trademark assignment and transfer in India.Ask a trademark question01Can a pending trademark application be assigned?+
Yes. A pending application can be assigned, subject to the Registrar recording the change of ownership once the assignment deed and Form TM-P are filed.
02Is stamp duty payable on a trademark assignment deed?+
Yes. A deed of assignment is an instrument of transfer and attracts stamp duty under the applicable state stamp act, based on the consideration and the state of execution.
03What is assignment without goodwill?+
Also called gross assignment, this transfers the right to use a mark for specific goods or services without transferring the associated business reputation. The Registrar may direct public advertisement of such assignments.
04How long does trademark assignment recordal take?+
Timelines vary with the Registry's workload and whether public notice or objections arise, but applicants should generally allow several months for the Form TM-P process to complete.
05Is public notice required for every trademark assignment?+
Public notice is generally required where a mark is assigned without goodwill, so the Registrar can direct advertisement of the assignment within a prescribed period.
06What is the difference between assignment and licensing of a trademark?+
Assignment permanently transfers ownership of the trademark. Licensing allows a third party to use the mark for a defined period while the original proprietor retains ownership.
07Can a trademark be assigned to a person outside India?+
Yes, subject to the standard assignment deed, stamping, and Form TM-P recordal requirements, and any applicable foreign exchange regulations.
08What happens if a trademark assignment is not recorded with the Registrar?+
An unrecorded assignment may not be recognised as valid against third parties or in enforcement proceedings. Recording it through Form TM-P gives the new owner clear, enforceable title.
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