Trademark Assignment Services in India
Transfer Brand Ownership with Legal Certainty
Ensure a smooth transfer of your trademark rights with Tax Pal Solutions. Our experts guide you through the legal process, documentation, and compliance for secure and verified trademark assignment.
Our Services Include:
- Easy and Transparent Assignment Process
- Complete Legal & Documentation Support
- Verified Transfer Accepted by Authorities
- Protection Against Future Legal Disputes
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What is Trademark Assignment?
Trademark assignment is the legal transfer of ownership of a registered or applied-for trademark from the assignor to the assignee, as per Section 37 of the Trade Marks Act, 1999.
Key points:
- Transfer can be complete or partial.
- Must be documented via an assignment deed.
- Registry approval grants the assignee full legal authority to use, protect, and profit from the trademark.
- Crucial during business sales, mergers, restructuring, or inheritance.
Why Transfer a Trademark?
- Business Sale or Acquisition: Seamless brand transfer ensures continuity.
- Licensing & Expansion: Monetize brand reputation and enter new markets.
- Strategic Partnerships: Align trademarks with joint ventures or collaborations.
- Legal Protection: Prevent disputes and enforce trademark rights.
- Corporate Structure Simplification: Consolidate brand ownership.
- Financial Benefits: Part of sale agreements or collateral in business deals.
Types of Trademark Assignment
| Type | Description |
|---|---|
| Complete Assignment | Transfers all rights across all goods/services. Assignor loses all claims. |
| Partial Assignment | Transfers rights only for certain goods, services, or territories. |
| Assignment with Goodwill | Includes reputation and business; ensures continuity of brand identity. |
| Assignment without Goodwill | Transfers rights independently of business reputation; requires careful handling. |
Trademark Assignment vs Licensing vs Transmission
| Aspect | Assignment | Licensing | Transmission |
|---|---|---|---|
| Ownership Change | Yes, full or partial | No | Yes, by law (e.g., inheritance) |
| Agreement Type | Assignment Deed | License Agreement | Governed by law |
| Registry Update | Mandatory | Not mandatory | Required |
| Duration | Permanent unless specified | Temporary | Permanent |
| Right to Sue | Assignee can sue | Only owner can sue | Legal heir can sue |
| Control Over Use | Full control to assignee | Limited to owner’s conditions | Full control passes to successor |
Legal Framework in India
Key sections under the Trade Marks Act, 1999 for assignment:
- Section 37: Right to assign or transfer trademark.
- Sections 38 & 39: Assignment with/without goodwill, for all or some goods/services.
- Section 45: Mandatory registration of assignment for legal recognition.
- Sections 40 & 41: Prevent deceptive assignments.
- Renewal & Duration: Valid for 10 years, renewable indefinitely in 10-year increments.
Assigning Registered vs Unregistered Trademarks
| Aspect | Registered Trademark | Unregistered Trademark |
|---|---|---|
| Legal Recognition | Fully recognized under Trademark Act | Recognized under common law only |
| Proof of Ownership | Certificate of registration | Usage, goodwill, business documents |
| Process | Formal deed + Registry update | Via business sale or goodwill transfer |
| Right to Sue | Assignee can enforce rights | Limited protection, harder to enforce |
| Brand Value | High due to statutory recognition | Lower, based on market presence |
| Public Record | Recorded in Registry | No public record |
Trademark Assignment Process
- Draft Assignment Agreement: Include details of parties, trademark(s), consideration, goodwill, effective date, territorial scope, and dispute resolution.
- Execute Agreement: Signed, witnessed, notarized where required.
- File Form TM-P: Submit to the Trademark Registry with prescribed fees.
- Advertisement & Review: Registrar may require advertisement for assignment without goodwill.
- Final Registration: Ownership updated in the Registry; certificate issued.
Documents Required
| Document | Purpose |
|---|---|
| Trademark Assignment Deed | Legal terms of transfer |
| Power of Attorney | Authorizes legal representation |
| Affidavit by Parties | Confirms authenticity |
| Trademark Registration Certificate | Proof of ownership |
| Form TM-P | Official application |
| ID Proofs | PAN, Aadhaar, or company documents |
| Proof of Goodwill Transfer | If applicable for unregistered marks |
| Board Resolution | For companies authorizing assignment |
| Notarization/Stamp Duty | Validates legal execution |
| Supporting Evidence | For partial assignments or approvals |
| Digital Signature Certificate | For online filing |
Costs Involved
| Fee Type | Registered w/ Goodwill | Registered w/o Goodwill | Pending Trademark |
|---|---|---|---|
| Govt. Filing (Form TM-P) | ₹9,000/mark/class | ₹2,700/mark/class | ₹900/mark/class |
| Registrar Certificate | ₹2,500 first mark; ₹500/additional | Same | N/A |
| Advertisement (TM-21) | Up to ₹1,500 | Up to ₹1,500 | N/A |
| Professional Fees | ₹2,500–₹4,000 | ₹2,500–₹4,000 | ₹7,000–₹9,000 |
| Total Estimated | ₹12,000–₹13,000 | ₹5,000–₹6,500 | ₹8,000–₹10,000 |
| Stamp Duty | 0.25%–1% of transaction value | Same | Same |
Key Considerations
- Ensure compliance with the Trade Marks Act, 1999.
- Avoid assignments that could mislead the public.
- Verify trademark status and goodwill transfer.
- Account for tax and stamp duty obligations.
- Notify partners, licensees, or co-owners if required.
Trademark Assignment Certificate
- Official proof of transfer issued by the Trademark Registry.
- Confirms new ownership rights and legal enforcement.
- Can be downloaded online after approval via the IP India portal.
Certification
