Trademark Transfer

Who Needs This Service

Brand owners selling or acquiring a brand, companies restructuring or merging, heirs or successors of a proprietor, and businesses that want to move a trademark between group entities need this service.

Startups that are acquired often need to assign trademarks to the buyer as part of the deal, and investors check that trademark ownership is properly recorded.

If a business converts from a proprietorship to a company, its trademarks may need to be assigned to the new entity.

Recording the assignment promptly protects the buyer, because an unrecorded assignment may not be effective against third parties.

Key Benefits

• Assignment deed with correct stamp duty
• Form TM-P prepared and filed with supporting documents
• Advertisement requirement handled where needed
• Register updated with the new proprietor
• Clean chain of title for enforcement and sale

Next Steps & Related Services

After the transfer, update renewals and enforcement records.

Related services: TM Modification, Trademark Renewal, Legal Agreement drafting and LPC.

Common Mistakes

• Not recording the assignment.
• Underpaying stamp duty.
• Ignoring advertisement for assignments without goodwill.
• Using the wrong form for pending applications.
• Delaying beyond the recommended period.

Timeline, Costs & Practical Tips

The Registry may take about three to six months to register the assignee.

Practical tip: record the assignment within six months and keep the executed deed, NOC and registration certificate ready.

Additional Information

Sections 37 to 45 of the Trade Marks Act, 1999 govern assignment and transmission. Recording the assignment under Section 45 makes the assignee the registered proprietor.

Practical Scenarios

Scenario 1:

A founder sells a brand to a buyer and records the assignment.

Scenario 2:

A proprietor transfers marks to a newly formed company.

Scenario 3:

An heir records transmission of a mark after succession.

Practical Guidance

A trademark assignment is a transfer of an asset and should be treated like any other transaction: confirm title, check the status of the mark, document the price and the goodwill position, pay stamp duty and record the change promptly. The recording step is what makes the new owner visible on the register and able to enforce the mark.