Trademark Assignment

Transfer or License Your Trademark

Whether you are selling your brand, restructuring your business or licensing your mark to a franchisee โ€” the transfer must be legally documented and recorded with the Trademark Registry to be enforceable.

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Assignment vs Licensing

Two Ways to Transfer Your Trademark

๐Ÿ”— Trademark Assignment

A permanent transfer of ownership from the assignor to the assignee. The assignee becomes the new registered proprietor. Used in business acquisitions, mergers and brand sales.

Form: TM-P (recordal of assignment)

๐Ÿ“‹ Trademark Licensing

A temporary, controlled grant of rights to use the trademark. The licensor retains ownership. Used for franchise models, distribution agreements and co-branding.

Form: TM-M (registered user agreement)
Why Proper Documentation Matters

An Unrecorded Assignment Is Unenforceable

Under Section 42 of the Trade Marks Act, 1999, an assignment that is not recorded at the Registry cannot be used as evidence in infringement proceedings. We ensure every assignment is properly documented, stamped and recorded.

Legally binding assignment deed
TM-P filing and Registry recordal
Registered user (licensee) recordal
Post-assignment certificate
What's Included

Everything You Get

Every engagement is managed end-to-end by our registered advocates and IP specialists. No outsourcing, no surprises.

Assignment deed or licensing agreement drafting by trademark advocate
Stamp duty guidance and execution assistance
TM-P application (recordal of assignment) filing with the Registry
TM-M application (registered user) for licensing arrangements
Post-assignment certificate from the Trademark Registry
Due diligence on the mark to be assigned (validity, renewals, encumbrances)
Multi-class and portfolio assignment handling
Free Offer

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How It Works

Step-by-Step Process

Fully managed. Completely online. No office visits required.

Instruction and Due Diligence
We review the trademark to be assigned โ€” checking validity, renewal status and any pending objections or oppositions.
Agreement Drafting
We draft the assignment deed or licensing agreement tailored to your transaction, covering scope of rights, territory, quality control clauses and consideration.
Execution
Both parties sign the agreement. We advise on applicable stamp duty in the relevant state.
Registry Filing
We file TM-P (assignment) or TM-M (licensing) with the Intellectual Property India portal and pay the government fee.
Recordal and Certificate
The Registry records the assignment. The new proprietor details are updated in the official register. Certificate issued.
FAQ

Frequently Asked Questions

Assignment is a permanent, full transfer of ownership โ€” the original owner no longer has rights. Licensing is a contractual permission to use the mark while the original owner retains ownership and can revoke or restrict the licence under agreed terms.
It is not mandatory to record, but it is strongly advisable. An unrecorded assignment cannot be set up against third parties or used as evidence in infringement proceedings. Recording protects the assignee and is required before the new owner can sue for infringement.
Filing TM-P is done within 48 hours of instruction. The Registry typically records the assignment and updates the database within 3โ€“6 months. You receive a formal acknowledgement on filing day.
Yes. A pending application can be assigned before registration is granted. The assignee takes over the application and prosecution. We draft the agreement to cover both the application and the resulting registration.
The government fee for recording an assignment (TM-P) is โ‚น10,000 per mark per class for large entities, with concessions for individuals and SMEs. We include all government fees transparently in our quote.
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Transfer Your Trademark Correctly

Legal documentation + Registry recordal. Complete assignment handled by our advocates.

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