Trademark & IP
Trademark assignment and transfer
A trademark can be sold, gifted or moved to a new business like any other asset, with or without the goodwill of the business. We draft the assignment deed, guide you on stamping and signing, and file the request on Form TM-P so the Registry records the new owner. Pending applications can be assigned too.
- Assignment deed drafted for your deal
- With or without goodwill, for all or some goods
- Form TM-P filed to record the new owner
- Works for registered and pending marks
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- Work done by chartered accountants
- 100% online, anywhere in India
- Since 2017
Price
Assignment of one trademark
₹4,999+ ₹900 GST
Deed in 3–5 working days, filed once it's signed and stamped
- Check of the register entry and current owner
- Assignment deed drafted, with or without goodwill
- Stamp duty advice for your state
- Request to record the new owner filed on Form TM-P
- Advertisement formalities, if the Registrar directs them
- Tracking until the register shows the new owner
Fees are before 18% GST. Stamp duty on the deed, which depends on your state and often on the price, and the government fee for recording the assignment are paid at actuals.
Who needs trademark assignment and transfer
- Proprietors moving their brand into a new company or LLP
- Businesses buying or selling a brand
- Founders who filed a mark personally and now want it in the company's name
- Group companies moving marks to a holding or IP company
Documents you'll need
About the mark
- Trademark registration or application number
- Registration certificate, if the mark is registered
From both parties
- Names, addresses and legal status of the seller and buyer
- PAN of both parties
- Certificate of incorporation, for a company or LLP
- Board resolution or partners' consent approving the transfer
- Deal terms: price, goodwill, goods or services covered and effective date
To complete
- Stamp paper or e-stamp for the deed, as we advise
- Signed authorisation from the new owner (we prepare it)
You upload these from your order page after you pay. Scans or clear phone photos are fine.
How it works
- 1
Check the mark
We confirm who owns the mark on the register, its status and its classes, and flag anything to fix first.
- 2
Agree the terms
You tell us what's being transferred: the whole mark or only some goods, with or without goodwill, and for what price.
- 3
Draft and sign
We draft the deed. Both parties sign it on stamp paper of the right value, with witnesses.
- 4
File the request
We file the request to record the new owner, with the signed deed, and send you the acknowledgement.
- 5
Register updated
The Registry reviews the request and records the new owner. We track it and send you the updated record.
Assignment with or without goodwill
An assignment with goodwill transfers the mark together with the reputation and business attached to it, so the buyer steps into the seller's shoes. An assignment without goodwill transfers only the mark, and the seller may carry on the business under other names.
When a mark used for goods is assigned without goodwill, the Act requires extra steps, including advertising the assignment as the Registrar directs. A mark can also be assigned for only some of the goods or services it covers, as long as this won't confuse buyers.
Why the assignment must be recorded
Until the assignment is recorded, the register still shows the old owner as the proprietor. While the record is out of date, the new owner can struggle to enforce the mark, renew it or defend it in an opposition.
Recording matters just as much when a business changes form, for example when a proprietorship becomes a company or an LLP. The brand doesn't move on its own; it needs a deed and a recordal like any other transfer.
Frequently asked questions
Can a pending trademark application be assigned?
Yes. The new owner's name is substituted on the application, and it continues through examination in their name.
Is stamp duty payable on a trademark assignment?
Yes. The deed is stamped under your state's stamp law, and the duty often depends on the price. We tell you the amount for your state before signing.
Do we need a valuation?
Not for the Registry. Between related businesses, a valuation helps support the price for tax and accounts.
Are there tax consequences?
Selling a trademark can have income tax and GST consequences for both sides. As a CA firm, we look at them with you before the deal is signed.
Can I license my trademark instead of selling it?
Yes. A licence lets someone use the mark while you keep ownership. It's a different document; ask us if that suits you better.
How long does the recordal take?
It depends on the Registry. The new owner's rights come from the deed, and the recordal puts them on the register. We track it until it's done.