Trademark Assignment in India
Selling your brand, restructuring your business or transferring IP to a holding company — a trademark assignment transfers ownership legally and must be recorded on the IP India register to be enforceable.
Assign your trademark
Share the marks to be assigned and the parties involved. We will draft and file.
Talk to a CS →From assignment deed to updated IP India register
Assignment Deed Drafting
Deed covering mark details, consideration, goodwill transfer and effective date.
Goodwill Advisory
Advice on whether the assignment is with or without goodwill — affects enforceability.
TM-P Recordal Filing
Application to record the assignment on the IP India Trademarks Register.
IP India Register Update
Register updated to reflect the new owner — essential for enforcement and renewal.
Assignment Certificate
Certificate of assignment issued by IP India obtained and filed.
Partial Assignment Advisory
Assigning the mark for specific goods/services or specific geographies only — we advise and draft.
Trademark assignment rules under the Trade Marks Act, 1999
Assignment Deed Required
A written assignment deed is mandatory — oral transfers are not recognised.
With or Without Goodwill
An assignment with goodwill transfers the right to use the mark with its business reputation. Without goodwill restricts the assignee from using the mark in relation to goods/services previously sold.
TM-P Recordal is Mandatory
The assignment must be recorded on the IP India register — an unrecorded assignee has no enforceable rights.
Partial Assignment Permitted
The mark can be assigned for specific goods/services or specific territories.
Pending Applications Too
A pending trademark application can be assigned before registration.
Both Parties Must Sign
The assignment deed must be signed by both assignor and assignee.
An unrecorded trademark assignment is unenforceable. Until TM-P is filed and the register is updated, the assignee cannot take action against infringers or oppose third-party applications in their own name. Recordal is not optional.
Common mistakes in trademark assignments
Simple steps, no surprises
Parties & marks confirmed
Assignor, assignee and trademark registration details confirmed.
Assignment deed drafted
Deed covering consideration, goodwill, effective date and scope prepared and executed.
TM-P filing
Recordal application filed with IP India along with the deed and supporting documents.
Register update & certificate
IP India register updated; assignment certificate collected and filed.
Other services you may need
Frequently asked questions
The legal transfer of ownership of a registered or pending trademark from the current owner (assignor) to a new owner (assignee), documented in a written assignment deed.
Yes. A trademark can be assigned independently of the business — this is called assignment without goodwill.
Assignment with goodwill transfers the right to use the mark with the business reputation associated with it. Assignment without goodwill restricts the assignee from using the mark for goods/services previously sold by the assignor under that mark.
Yes. Without recording the assignment on the IP India register, the assignee cannot enforce the mark against infringers or oppose third-party applications in their own name.
Yes. A pending trademark application can be assigned before registration using the same TM-P recordal process.
Yes. Partial assignment for specific goods/services or specific territories is permitted under the Trade Marks Act, 1999.
Stamp duty varies by state. We confirm the correct stamp paper value for the deed based on the assignor's state.
Transfer your trademark ownership — correctly and completely
Share the marks to be assigned and the parties involved. We will draft the deed and file the TM-P recordal.