Explore how trademark assignment and transfer work in India, including the process, cost, timelines, and legal requirements for smooth brand ownership change.

What is Trademark Assignment / Transfer

A trademark is more than just a logo or brand name—it is a business asset that can be bought, sold, or transferred. The Trade Marks Act, 1999 and Trade Marks Rules, 2017 (Rules 75–85) regulate how such transfers (known as assignment or transmission) are carried out.

For startups, MSMEs, large corporations, and even family-owned businesses, trademark assignment plays a crucial role during acquisitions, franchising, succession planning, or restructuring.

Importantly, under Indian law, an assignment is not legally enforceable against third parties until it is recorded with the Trade Marks Registry.

Types of Trademark Assignment

1. 1. Complete Assignment

      • Full ownership of the mark is transferred, including rights to use, license, and further assign.

   2. Partial Assignment

      • Transfer restricted to certain goods or services.

      • Example: Assigning rights for “clothing” under Class 25 but retaining rights for “footwear.”

   3. Assignment with Goodwill

      • Along with the trademark, the business reputation and associated customer base are also transferred.

      • Example: Coca-Cola selling an entire product line with brand reputation.

   4. Assignment without Goodwill (Gross Assignment)

      • The mark is assigned, but the assignor retains rights to use for certain goods/services.

      • Common in diversification of brands.

   5. Transmission of Trademark

      • Transfer by operation of law (e.g., inheritance, company amalgamation, bankruptcy proceedings).

Step 1: Draft Assignment Deed

• Execute a duly stamped Trademark Assignment Deed between assignor and assignee.

• Include clear clauses on rights, consideration, classes covered, goodwill, and effective date.

Step 2: File Application in Form TM-P (Rule 75)

• Must be filed within 6 months of assignment (extendable by another 6 months with surcharge).

• Filed by assignor, assignee, or jointly.

Step 3: Attach Mandatory Documents (Rule 76)

• Duly certified copy of original Assignment Deed.

• Statement of Case explaining validity of transfer.

• Supporting documents (if transmission by law).

The Registrar must ordinarily dispose of such application within 3 months of filing.

Step 4: Proof of Title & Verification (Rule 77–78)

• Registrar may demand additional proof if any doubt arises.

• Improperly stamped deeds may be impounded under the Indian Stamp Act, 1899.

Step 5: Assignment Involving Foreign Remittance (Rule 79)

• If money is transmitted abroad, FEMA/ RBI approval must be filed.

Step 6: Assignment Without Goodwill (Rules 80–81)

• Requires Registrar’s prior direction for advertisement.

• Application in TM-P must include particulars and proof of advertisement.

• Registrar can refuse if directions are not complied with.

For Detailed Read: Trademark Assignment Without Goodwill: What, Why & How

Step 7: Separate Registration (Rule 82)

• Where assignment divides goods/services, separate registrations are created.

Step 8: Registrar’s Certificate / Approval (Rule 83)

• For special cases under Sections 40–41, Registrar may issue a certificate of approval/disapproval after hearing parties.

For Detailed Read: Special Cases under Sections 40–41 

Step 9: Entry in Register (Rule 84)

Registrar enters details in Register:

• Name and address of assignee

• Date of assignment

• Nature of rights assigned

• Basis of assignment

• Date of entry in register

Step 10: Special Provision for Company Assignment (Rule 85)

• Where assignment is to a company, it must be registered within 6 months from publication of registration (extendable by 6 months).

Timeline

• Drafting Deed: 1–2 weeks

• Filing TM-P: within 6 months of assignment (extendable)

• Registrar’s Disposal: ordinarily 3 months (may extend because of backlog in IP India)

• Overall: 1 year, depending on complexity.

Cost of Assignment