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Trademark Assignment – Expertvuw
IP · Trademarks

Trademark Assignment and Licensing – Transferring Ownership and Recording It with the Registry

Last updated: 2 October 2026

When a brand is sold, moved into a new company or licensed, the change should be documented properly and recorded with the Trade Marks Registry. Expertvuw’s team drafts the assignment or licence deed and prepares the TM-P filing through registered trademark agents.

Overview

How Trademark Assignment Works

A trademark is property that can be transferred. Under the Trade Marks Act, 1999, a registered or pending trademark can be assigned with or without the goodwill of the business, for all or some of the goods and services. Common situations include a proprietorship converting into a company, a group restructuring, or the sale of a brand.

The transfer is made by a written assignment deed, stamped as per the applicable state Stamp Act. The new owner (subsequent proprietor) then applies to the Registrar in Form TM-P to record the change; the official fee is ₹9,000. Where an assignment is made without goodwill, additional advertisement requirements apply. Until the assignment is recorded, the new owner may face difficulty enforcing the mark.

A trademark can also be licensed rather than assigned. A written licence agreement sets out quality control, territory, royalty and termination, and can be recorded on the register as a registered user.

Basis: Trade Marks Act, 1999 (sections 37–45); Trade Marks Rules, 2017; state Stamp Acts; IP India official fee schedule. Last updated: 27 September 2026.

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What This Service Covers

What We Help With

1

Drafting the assignment deed, with or without goodwill

2

Stamp duty guidance under the applicable state law

3

Filing TM-P to record the new owner

4

Drafting trademark licence agreements

5

Updating owner details for pending applications

Key Facts

Transferable

Registered and pending marks can be assigned.

With or without goodwill

Assignment can include or exclude business goodwill.

Form & fee

TM-P, official fee ₹9,000.

Stamp duty

Assignment deeds are stamped under the state Stamp Act.

Recording matters

Unrecorded assignments can weaken enforcement.

Licensing

Marks can be licensed instead of assigned, with a written agreement.

Common Issues

Common Mistakes

Brand transfers are often left undocumented.

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Related Services

Related services

Assignment connects with these services.

Trademark Registration

Filing a new trademark.

Proprietorship to Pvt Ltd

Converting a business into a company.

Franchise Agreement

Licensing your brand to franchisees.

Trademark Renewal

Renewing registered marks.

Documents Required

Documents we need from you

Trademark Details

Transaction Details

Our Process

How the Process Works

1

Review

Check ownership and status of marks.

2

Draft

Prepare the assignment or licence deed.

3

Execute

Sign and stamp the deed.

4

File

File TM-P with the Registry.

5

Advertise

Complete advertisement if required.

6

Record

New owner entered on the register.

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After Recording

After Recording

Keep ownership records aligned.

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Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    Can a trademark be transferred?

    Yes. Registered and pending trademarks can be assigned, with or without goodwill.

    Form TM-P, with an official fee of ₹9,000.

    Yes, under the applicable state Stamp Act.

    Transferring the mark without the business goodwill; additional advertisement requirements apply.

    No. A licence permits use while ownership stays with the licensor.

    About Expertvuw

    Who Handles Your Assignment

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    Trademark, copyright and design filings are prepared by Expertvuw’s team and filed through registered trademark agents or advocates where the law requires. Patent drafting and prosecution are handled by independent registered patent agents, and representation before the Registrar, the Controller or courts is made by agents or advocates.

    Expertvuw Management Pvt Ltd