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We handle the complete process for your Trademark Assignment right here in New Delhi. Get certified quickly and legally with our expert local team.
Professional Fee: ₹3,499 | Govt Fee: ₹1,000 - ₹9,000 | Total: from ₹4,499 (incl. govt fees)
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A registered trademark is a highly valuable, intangible corporate asset. Trademark Assignment is the formal legal process of transferring the ownership rights of this asset from the current owner (Assignor) to a new entity (Assignee) under the Trade Marks Act, 1999. Whether you are executing a corporate merger, selling your IP portfolio, or monetizing your brand, I-Pro Solutions provides airtight legal drafting and seamless registry recordation to ensure the transfer is legally invincible.
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Inclusive of professional + estimated govt fee
I-Pro specialist handling, drafting & filing
Statutory fee, passed through at cost
Professional Fee: ₹3,499 onwards | Govt Fee: ₹1,000 - ₹9,000 | Total: from ₹4,499 (incl. govt fees)
The starting fee of ₹4,499 covers specialist consultation, document preparation, the government filing fee, and tracking until you receive the final certificate. Additional government fees may apply for objections, renewals, or expedited processing.
Typical turnaround at I-Pro Solutions is Filing in 7–10 business days; Registration takes 6–18 months, from the moment I-Pro Solutions receives all your documents and information. Complex cases or government delays can extend this; your specialist will flag any risks early.
Most filings require identity proof (PAN/Aadhaar/passport), address proof, business registration documents, and (for IP filings) examples of use. An I-Pro Solutions specialist will send a tailored checklist within 24 hours of starting.
If a filing is rejected due to an error by I-Pro Solutions, I-Pro Solutions will refile at no extra cost and refund the service fee. If the rejection is due to information you provided, I-Pro Solutions will work with you to fix and refile at a discounted fee.
Trademark Assignment is the legal process of permanently transferring the ownership of a registered (or pending) trademark from one person or company to another. It is legally analogous to selling a piece of physical real estate. Once assigned and recorded, the original owner has no further rights to the brand name, and the buyer becomes the absolute legal proprietor.
Assigning 'With Goodwill' means you are selling the trademark along with the reputation, customer base, and value associated with the business that uses it. For example, if you sell your entire popular restaurant—the name, the recipes, the customer loyalty—you are assigning the trademark with goodwill. The buyer steps into your shoes completely.
Gather these documents for your New Delhi application.
Assigning 'Without Goodwill' (also called 'Gross Assignment') means you are only selling the legal right to use the word or logo, but the buyer is not taking over your existing business, products, or reputation. Because this can confuse consumers (who might think the new products come from the old owner), the law requires the buyer to publish public advertisements in newspapers announcing the change in ownership.
Yes, absolutely. While the Assignment Deed is a valid contract between the buyer and seller, it has no legal standing against third parties or infringers until it is officially recorded with the Trademark Registry using Form TM-P. Until the registry updates its database, it continues to recognize the old owner, preventing the new owner from legally enforcing the trademark.
Yes, you can assign a pending trademark application. The buyer (Assignee) simply steps into the shoes of the applicant and continues the registration process. However, this carries a risk for the buyer: if the Trademark Examiner ultimately rejects the application, the buyer has purchased an asset that cannot be registered.
Yes, this is called a 'Partial Assignment'. If your trademark is registered for clothing and footwear, you can legally assign the rights to use the mark exclusively for footwear to another company, while you retain absolute ownership of the mark for clothing. The registry will update records to reflect this split ownership.
Assignment is a permanent sale; ownership changes hands entirely. Licensing is akin to renting. In a license (like a franchise agreement), you retain absolute ownership of the trademark but grant another party temporary permission to use it under strict quality control conditions, usually in exchange for ongoing royalty payments.
Yes. A Trademark Assignment Deed is a commercial contract transferring property and is subject to Stamp Duty under the respective State's Stamp Act. The duty amount usually depends on the financial consideration (purchase price) mentioned in the deed. An under-stamped deed can be deemed legally inadmissible in court if a dispute arises.
The registry recordation process (processing of Form TM-P) can be slow. Assuming the documentation is flawless and no queries are raised, it typically takes 3 to 6 months for the Registrar to officially update the database and issue the order acknowledging the new owner.
Yes, an Indian trademark can be freely assigned to a foreign individual or corporation. The process is identical. The foreign entity must simply provide the requisite corporate incorporation documents from their home jurisdiction to complete the recordation process in India.
If you buy a trademark but fail to record it (Form TM-P), and the seller subsequently goes bankrupt, the official liquidator might claim the trademark is still the property of the bankrupt company, as per the registry records. This is why immediate registry recordation is critical to protect the buyer's investment.
Once the assignment is officially recorded, the new owner (Assignee) assumes all responsibilities for the trademark. This includes tracking the 10-year validity period and filing the renewal applications. The registry will not send reminders to the old owner.
Yes. The permanent transfer of intellectual property rights, including trademarks, is considered a 'supply of services' under the GST regime. If the Assignor is a GST-registered entity, they must generally charge GST (typically 18%) on the assignment consideration amount.
Once an assignment is legally executed and recorded with the registry, it cannot be unilaterally 'cancelled' by the original owner. The only way to reverse it is for both parties to execute a completely new Assignment Deed, transferring the ownership back, and filing a new Form TM-P, essentially executing a second sale.
Drafting an IP assignment requires specialized legal knowledge. A simple, generic agreement might fail to properly address the transfer of goodwill, warranties of unencumbered title, or future litigation rights. Furthermore, navigating the registry's complex procedural requirements for Form TM-P necessitates experienced trademark attorneys to ensure the recordation isn't rejected.