Trademark Transfer

Trademark assignment agreement drafting and Form TM-P registration — transfer trademark rights with or without goodwill to an individual, company, or investor.

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Overview

A trademark is an intangible property right that can be transferred from one party to another through a Trademark Assignment Agreement. Assignment can be with goodwill (transfer of the mark along with business reputation and customer goodwill) or without goodwill (transfer of just the registered right). Assignment may cover all goods/services in the registered class or be restricted to specific goods/services.

The assignment must be recorded at the Trade Marks Registry by filing Form TM-P. Until the assignment is recorded, only the original owner can enforce the trademark rights — an unrecorded assignee cannot file infringement suits. MFiling drafts commercially appropriate assignment agreements, handles stamp duty valuation, and manages the complete Form TM-P filing and Registry endorsement process.

Government fee for recording: Rs.9,000 (individuals) or Rs.18,000 (companies). MFiling professional charges: from Rs.4,999 inclusive of agreement drafting and Form TM-P filing.

Key Benefits

Complete Transfer of IP Rights
Full legal ownership of the trademark transferred — buyer can use ® symbol and enforce rights.
Monetise Your Trademark
Sellers can realize the full commercial value of their brand as an IP asset.
Transfer as Part of Business Sale (M&A)
Trademark assignment is typically part of business acquisition — rights follow the business.
Form TM-P Recording Protects Buyer
Registry endorsement creates public record of transfer — buyer can sue infringers as the new owner.
Partial Assignment for New Business Lines
Partial assignment restricts transfer to specific goods/services — both parties retain rights for different products.

Documents Required

Trademark Registration Certificate of Marks Being Transferred
Trademark Assignment Agreement (drafted by MFiling)
Form TM-P (Application for Assignment Recording)
Identity and Address Proof of Both Assignor (seller) and Assignee (buyer)
Board Resolution from Assigning Company Authorizing Assignment
Valuation of Trademark for Stamp Duty Purposes

How it Works

Agree Terms of Assignment (Negotiation)

Negotiate: complete vs. partial, with goodwill vs. without goodwill, class coverage, and purchase price.

Draft Trademark Assignment Agreement (Day 1–3)

MFiling drafts agreement covering all terms, representations, warranties, and indemnities.

Execute Assignment Agreement (Day 3–5)

Both assignor and assignee sign the agreement — notarised and stamped as required by state stamp duty laws.

Prepare Form TM-P (Day 5–6)

Complete application for recording of assignment with full details of both parties and mark(s) being transferred.

File Form TM-P with Registry (Day 6)

Submit online with executed assignment agreement and prescribed fee — Rs.9,000 (individuals) or Rs.18,000 (entities).

Registry Endorsement (2–4 months)

Trade Marks Registry updates the Register and issues endorsement confirming the new proprietor.

Frequently Asked Questions

What is the difference between trademark assignment and trademark licensing?
Assignment is a permanent transfer of ownership — the assignor no longer owns the trademark. Licensing is a permission to use the trademark while the licensor retains ownership. Assignment requires Form TM-P filing. Licensing through a Registered User agreement requires Form TM-U filing. MFiling handles both assignment and licensing documentation.
Can a pending trademark application (not yet registered) be assigned?
Yes. A pending trademark application can be assigned just like a registered mark, using the same process. The assignment agreement covers the application (not yet a registration), and Form TM-P is filed to record the change of applicant. The assignee continues prosecution of the application in their name.
Service Price
₹4,999
Starting price · GST extra
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Complete Transfer of IP Rights
Full legal ownership of the trademark transferred — buyer can use ® symbol and enforce rights.
Monetise Your Trademark
Sellers can realize the full commercial value of their brand as an IP asset.
Transfer as Part of Business Sale (M&A)
Trademark assignment is typically part of business acquisition — rights follow the business.
Form TM-P Recording Protects Buyer
Registry endorsement creates public record of transfer — buyer can sue infringers as the new owner.
Partial Assignment for New Business Lines
Partial assignment restricts transfer to specific goods/services — both parties retain rights for different products.

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Service Price
₹4,999
Starting price · GST extra

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