Transfer trademark ownership in India is a formal process that involves legal documentation and registration with the Trade Marks Registry under the Trade Marks Act, 1999. This guide will walk you through the key steps, requirements, and considerations when transferring trademark rights from one party to another.
✅ What is a Trademark Transfer?
A trademark transfer refers to the process where the rights and ownership of a registered or pending trademark are legally transferred from one entity (the assignor) to another (the assignee). It can occur in various scenarios, such as business sales, mergers, acquisitions, or simply the sale of a trademark.
🔄 Types of Trademark Transfers
Trademark transfers in India can be broadly categorized into:
- Assignment – A complete or partial transfer of ownership:
- Complete Assignment: All rights of the trademark are transferred.
- Partial Assignment: Rights are transferred only for specific products/services or geographical areas.
- Transmission – Transfer due to operation of law (e.g., inheritance, bankruptcy, etc.).
📋 Modes of Assignment
- With Goodwill – Along with the transfer of the trademark, the goodwill associated with the brand is also transferred.
- Without Goodwill – The buyer gets the trademark rights but cannot use the brand’s reputation or customer base.
📝 Step-by-Step Process to Transfer Trademark Ownership
1. Drafting the Assignment Deed
Prepare a Trademark Assignment Deed that includes:
- Details of both parties (assignor and assignee)
- Trademark details (application/registration number, class, etc.)
- Nature and scope of assignment (with/without goodwill)
- Consideration amount (if any)
- Date of transfer and applicable conditions
2. Filing Form TM-P
To legally record the transfer, the assignee or assignor must file Form TM-P with the Trade Marks Registry.
Key Points:
- Can be filed online via the IP India website
- Applicable fees vary depending on whether it’s filed by an individual/startup or a company
- Upload the assignment deed and supporting documents
3. Pay the Required Fee
As of now (April 2025), the government fee for filing TM-P is:
- ₹1,000 for individuals/startups/small enterprises (per trademark per class)
- ₹10,000 for others (per trademark per class)
Always check the latest fee structure on the official IP India website before filing.
4. Verification by the Registry
The Trade Marks Office examines the application and supporting documents. If everything is in order, the ownership details are updated in the register.
5. Publication in the Trademark Journal
In some cases, especially with pending applications, the transfer may be published in the Trademark Journal for third-party opposition before final approval.
📄 Required Documents
- Trademark Assignment Deed (duly signed and notarized)
- Form TM-P
- NOC or Consent from the assignor (if required)
- Power of Attorney (if filed through an agent)
- Identity proof and address proof of both parties
⏳ Timeline
Typically, it takes 3 to 6 months for the entire process, subject to no objections or additional queries from the Registry.
⚖️ Legal Considerations
- Ensure the trademark is not under dispute before transferring
- All clauses in the assignment deed should be clear and unambiguous
- For international assignments, consider the laws of both countries
✅ Conclusion
Transferring trademark ownership in India is a structured process that ensures the assignee gains full legal rights over the mark. Whether you’re buying a brand, restructuring a business, or passing on intellectual property, following the correct legal process is key to protecting your rights.
📢 Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Trademark laws and procedures may change, and the application of laws can vary based on individual circumstances. It is strongly recommended to consult a qualified intellectual property attorney or legal professional for advice tailored to your specific situation.