A trademark is more than a name—it's an asset. And as with any asset, it can be sold. The process of transferring a trademark in India—also referred to as trademark assignment—is how you formally sell rights of a registered or pending trademark from one entity to another.

Regardless of whether you're selling your company, reorganizing your brand portfolio, or inheriting rights via a merger, trademark assignment in India is the legal way to do it.

What Is Trademark Assignment in India?

Trademark assignment is the transfer of trademark right of ownership from one party (the assignor) to another (the assignee).

This transfer may be:

• With goodwill – rights along with reputation and customer base

• Without goodwill – only rights, no brand association

The procedure for trademark assignment in India is regulated by the Trademarks Act, 1999 and has to be documented formally through an assignment deed.

Trademark Assignment Deed Format India

Assignment deed of the trademark is a legal agreement specifying the terms of the assignment.

It must contain:

• Assignor and assignee details

• Trademark description

• Assignment type (with or without goodwill)

• Consideration (amount of money)

• Transfer date

• Signature from both parties

A proper trademark assignment contract in India is required for TM registry acceptance.

Trademark Assignment Form TM-P

For registration of the assignment with the Trademark Registry, the assignee needs to file Form TM-P.

This form is used for:

• Registered trademarks

• Pending trademark applications

Filing is required within the trademark assignment timeframe in India (6 months from date of assignment).

Trademark Transfer Online India – Step-by-Step

You can file for trademark transfer online in India through the IP India portal:

• Prepare assignment deed and documents

• File Form TM-P on ipindiaonline.gov.in

• Upload documents and deed

• Pay the trademark transfer fees in India

• Track the trademark transfer status check India online

Trademark Transfer Documents Required

To finalize a trademark transfer, you will require:

• Duly signed assignment deed

• Proof of address and identity of both parties

• Trademark certificate (in case of registration)

• NOC (wherever applicable)

• Form TM-P along with payment receipt

Trademark Transfer Fees India

According to the Trademark Rules, 2017:

• ₹10,000 for physical filing

• ₹9,000 for e-filing (Per mark, per class)

Your professional charges may be incurred if you are seeking the services of a trademark transfer consultant in India.

Trademark Assignment Benefits India

Legal transfer of a trademark has several benefits:

• Clean title transfer with registry record

• Protection against infringement or misuse

• Clear brand ownership

• Asset monetization or reallocation

• Smooth business transfers or acquisitions

With AuditFiling

At AuditFiling, it is easy to transfer your trademark, in compliance with the law and hassle-free.

Our software assists you:

• Prepare or confirm the format of the trademark assignment deed

• Facilitate timely filing of Form TM-P

• Clarify assignment type: with or without goodwill

• Gather and upload all the documents for trademark transfer required

• Track the status check of trademark transfer India in real-time

• Receive expert guidance from an experienced trademark transfer consultant in India

We do the paperwork. You concentrate on expanding your brand.