Trademark Assignment & Transfer in India
Buying, selling or transferring a trademark requires a proper assignment deed and recordal with IP India. SS Marks handles the complete assignment — from deed drafting to TM-P filing.
Trademark transferred with clean legal Complaints title.
A trademark can be assigned (transferred permanently) or licensed (temporary use permitted). Assignment requires a written deed executed by both parties, and must be recorded at IP India using Form TM-P (for assignment) within 6 months. Until recordal, the assignee cannot enforce the trademark in their own name. SS Marks drafts the assignment deed and manages the TM-P filing.
Documents required
- Trademark registration certificate (or application number if pending)
- Identity documents of assignor and assignee
- Signed Assignment Deed (we draft this)
- Board resolution if the assignor or assignee is a company
- Agreed consideration amount (for stamp duty purposes)
How we handle this for you
Assignment deed drafting
Comprehensive deed drafted covering scope of assignment, consideration, representations, warranties and goodwill transfer.
Stamping & execution
Deed stamped per applicable stamp duty rate and executed by both parties.
TM-P filing
Form TM-P filed at IP India within 6 months of the deed date. Acknowledgement provided.
Register updated
IP India updates the trademark register to reflect the new owner. Certified updated extract provided.
Frequently asked questions
What is the difference between trademark assignment and licensing?
Assignment is a permanent transfer of ownership — the assignor loses all rights. A licence grants the licensee the right to use the mark for a defined period and scope, while the owner retains title.
Can a trademark be assigned without goodwill?
Yes. A trademark can be assigned with or without the goodwill of the business. Assignment without goodwill (a "gross" assignment) may be challenged if it creates confusion in the market.
Is a registered trademark easier to assign than a pending application?
Both pending applications and registered marks can be assigned. However, a registered mark provides clearer legal Complaints title and is easier to value and enforce for an assignee.
What if the trademark is unregistered?
An unregistered trademark can be transferred as part of a business asset transfer but cannot be recorded at IP India using TM-P. The assignee would need to apply for fresh registration using the assignment deed as evidence of ownership.
What stamp duty applies to the assignment deed?
Stamp duty on trademark assignment deeds varies by state and is typically calculated on the consideration amount. SS Marks advises on the applicable rate before drafting the deed.
Buying, selling or transferring a trademark?
SS Marks will draft the assignment deed and manage the IP India recordal — initial consultation, without obligation.