Trademark Assignment Filing
Trademark Assignment involves the legal transfer of ownership rights of a registered or applied-for trademark from one party to another. This allows the new owner to use, license, or enforce the trademark as per legal rights. Whether due to mergers, acquisitions, or brand strategy changes, assigning a trademark ensures continued brand protection and legal recognition
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INTRODUCTION
What is Trademark Assignment?
A trademark is a kind of intellectual property, and just like any other asset, it may be sold, licensed, or otherwise transferred by the owner. Such a transfer may be accomplished via licensing or by a trademark assignment agreement.
The ownership of a registered brand changes when a trademark is assigned. However, only a few limited rights are granted to the third party when it is leased; the original owner still retains ownership of the trademark. The business goodwill may or may not be transferred in connection with this assignment. If a trademark is registered, this assignment has to be entered into the Trademark Register.
ADVANTAGES
Advantages of Trademark Assignment in India
1. Unlock the True Value of Your Brand
A trademark is more than a symbol—it's an asset. Assignment allows trademark owners to monetize years of brand-building efforts. With proper agreements, the assignor can also enforce specific terms and restrictions to protect brand integrity.
2. Legally Binding Assignment Agreement
A trademark assignment agreement serves as valid legal proof of ownership transfer. In the event of any dispute, this document clearly establishes the rights of the new owner. The Trademark Registry verifies the agreement and ensures transparency through publication in the Trade Marks Journal.
3. Benefit from an Established Brand
The assignee gains immediate access to an already recognized and trusted brand. This eliminates the need to build brand identity from scratch—saving time, cost, and marketing efforts.
4. Scalable Business Growth
In cases of trademark licensing or co-ownership, the brand can expand faster as more partners contribute to its success. Joint branding efforts between assignor and assignee lead to increased market presence and brand equity.
A LIST OF DOCUMENTS
📑Documents Required for Trademark Assignment in India
1. Trademark Registration Certificate
A copy of the valid Trademark Registration Certificate (if already registered).
2. Party Details
Complete details of both parties involved—Assignor (original owner) and Assignee (new owner), including their full name, address, and legal status.
3. No Objection Certificate (NOC)
An NOC from the assignor confirming their consent to assign the trademark rights to the assignee.
4. Trademark Assignment Agreement (if applicable)
A formal agreement outlining the terms and conditions of the assignment, duly signed by both parties.
Indian trademark assignment types
1. Complete Assignment
The trademark owner transfers all rights, title, and interest in the trademark to another party, including the rights to further transfer, license, or earn royalties.Example: A brand owner sells the trademark along with the right to use it on all goods/services.
2. Partial Assignment
Only specific rights are transferred to the assignee. The assignor retains rights for other products, services, or jurisdictions.Example: A brand may assign its trademark rights only for cosmetic products while retaining rights for healthcare products.
3. Assignment with Goodwill
The trademark is assigned along with the goodwill of the business. This means the assignee can use the brand name as part of the existing business reputation.
4. Assignment without Goodwill
Also known as a gross assignment, it transfers the trademark rights, but not the reputation or customer base of the business. The assignee cannot use the trademark in a way that links it to the original brand identity.
Limitations on a Registered Trademark's Assignment
While trademark assignments are legally permitted in India, there are certain restrictions under the Trade Marks Act, 1999 to prevent confusion or deceptive practices in the market.
Creation of Multiple Exclusive Rights
A trademark cannot be assigned in a way that creates multiple exclusive rights for different individuals in relation to the same or similar goods or services. This prevents consumer confusion and maintains the distinctiveness of the mark.
Assignment Causing Deception or Confusion
If the Registrar believes that the assignment may cause confusion or deception among the public due to the similarity of goods or services, such an assignment may be restricted or denied.
Geographical Restriction Conflict
An assignment that splits trademark rights geographically (e.g., assigning to different owners in different regions) is not allowed if it would result in consumer confusion across territorial boundaries.
Restriction on Use Without Goodwill
Assigning a trademark without the goodwill of the business is allowed, but it must be specifically recorded and cannot mislead consumers into believing the assignee is connected with the assignor.
Online Trademark Assignment
Assign Your Trademark in 3 Easy Steps
1. Quick & Easy Start
Fill out our simple online questionnaire — takes less than 10 minutes
Upload the required documents
Make secure payment through trusted gateways
2. Expert Assistance at Every Step
A dedicated Relationship Manager will be assigned
Expert consultation on the type and scope of trademark assignment
Drafting of the Trademark Assignment Agreement and other legal documents
Preparation and filing of your assignment application
3. Your Assignment is Officially Filed
Your trademark assignment application is filed with the Trademark Registry
Process usually completed within 5–8 working days*
*Subject to Government processing timelines
Trademark Assignment Process
Day 1–2: Information Gathering
Initial consultation and discussion
Collection of required documents
Finalization of terms and conditions
Determination of the appropriate type of assignment (with/without goodwill, etc.)
Day 3–5: Drafting
Drafting of all necessary legal documents by trademark professionals
Preparation of the formal Trademark Assignment Agreement
Day 6–7: Submission
Filing of the online TM-P application with the Trademark Registry
Sharing acknowledgment and confirmation with the client
Frequently Asked Questions
Have questions before reaching out? Here are quick answers to some of the most common queries we receive about contacting us, consultations, and service inquiries.
Trademark assignment is initiated by executing a legally binding Trademark Assignment Agreement between the Assignor (current owner) and the Assignee (new owner). Once the agreement is executed with appropriate stamp duty, an application must be filed online using Form TM-P, along with the prescribed government fee and supporting documents. This process must be carried out through a registered Trademark Attorney or Agent.
Yes, unregistered trademarks can also be assigned, either with or without goodwill. However, it is advisable to include proper documentation and file the application with the Registrar of Trademarks to ensure legal recognition of the transfer.
The Assignment Deed must clearly mention the names and details of both parties, the trademark being assigned, the scope of rights (with or without goodwill), effective date of assignment, and consideration involved. Additionally, appropriate stamp duty must be paid in accordance with the State’s Stamp Act.
Typically, the Trademark Registry takes around 6 to 8 months to complete the assignment process and update the ownership in official records. However, once the assignment deed is filed and acknowledged, the Assignee can begin using the trademark from the effective date mentioned in the agreement.
As per the current regulations, the government fee for filing a trademark assignment (Form TM-P) is ₹9,000 per mark per class when filed by a registered user (other than an individual/startup/MSME).
Yes, if you wish to retain ownership but grant usage rights to another party, you can enter into a Trademark Licensing Agreement. This allows you to define usage terms without transferring ownership. Licensing is especially useful for brand expansion and franchising while retaining legal control over the trademark.