Trademark Transfer
- Art Teacher
- London, UK
- 5-7 Hrs
Did you know that a trademark can be bought, sold, or assigned—just like physical property? Whether it’s a catchy brand name, a popular logo, or even a distinctive tagline, trademarks are valuable assets that can be transferred from one party to another. This process is known as trademark transfer or assignment, and it’s more common than most businesses realize.Under the Trade Marks Act, 1999, trademarks can be transferred with or without the goodwill of the business, depending on the commercial intent. That means you can sell just the brand name or the entire brand identity—depending on how the agreement is structured.
- Trademark Assignment Deed
- Application Form TM-P
- No Objection Certificate (NOC) – From the assignor
- Affidavit (if applicable) - Confirming details of the assignment
- Copy of the Trademark Registration Certificate
- Power of Attorney – If the filing is done by an agent or attorney on behalf of the parties.
- Draft the Assignment Deed
- File Form TM-P – Submit the application online/offline with the Trademark Registry within 6 months of the assignment.
- Examination by the Registrar
- Advertisement (if required) – If the assignment is without goodwill, the Registrar may require it to be advertised.
- Entry in Register – Upon approval, the assignee’s name is entered into the register as the new trademark owner.
FAQs
Yes, both registered and unregistered trademarks can be assigned under Indian law, though assignment of unregistered marks has added complexities and relies on clear documentation.
Assignment must be in writing via a deed of assignment, as oral assignments are not recognized legally.
Yes, it must generally be applied for within six months of the date of assignment, but the Registrar may extend this period upon request and payment of fee.
Yes, it must generally be applied for within six months of the date of assignment, but the Registrar may extend this period upon request and payment of fee.
Yes, a foreign entity can assign a trademark—registered or unregistered—to an Indian company, subject to Indian trademark law and proper documentation.