Trademark assignment agreement drafting and Form TM-P registration — transfer trademark rights with or without goodwill to an individual, company, or investor.
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.
Negotiate: complete vs. partial, with goodwill vs. without goodwill, class coverage, and purchase price.
MFiling drafts agreement covering all terms, representations, warranties, and indemnities.
Both assignor and assignee sign the agreement — notarised and stamped as required by state stamp duty laws.
Complete application for recording of assignment with full details of both parties and mark(s) being transferred.
Submit online with executed assignment agreement and prescribed fee — Rs.9,000 (individuals) or Rs.18,000 (entities).
Trade Marks Registry updates the Register and issues endorsement confirming the new proprietor.