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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.
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.
Registered and pending marks can be assigned.
Assignment can include or exclude business goodwill.
TM-P, official fee ₹9,000.
Assignment deeds are stamped under the state Stamp Act.
Unrecorded assignments can weaken enforcement.
Marks can be licensed instead of assigned, with a written agreement.
Brand transfers are often left undocumented.
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Assignment connects with these services.
Filing a new trademark.
Converting a business into a company.
Licensing your brand to franchisees.
Renewing registered marks.
Check ownership and status of marks.
Prepare the assignment or licence deed.
Sign and stamp the deed.
File TM-P with the Registry.
Complete advertisement if required.
New owner entered on the register.
Keep ownership records aligned.
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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.
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.