Trademark Assignment in India Step-by-Step 2025 Guide

1️⃣ 📘 Introduction – What is Trademark Assignment?

Trademark Assignment is the legal transfer of ownership rights of a registered or unregistered trademark from one party to another.

📌 This is essential when:

• You sell a brand/business
• You merge companies
• You want to license or transfer IP

👉 Official Government Website:
🔗 https://ipindia.gov.in

2️⃣ 🗂️ Types of Trademark Assignments Offered

There are 4 main types:

1. 📦 Assignment with goodwill – Along with the brand value & product line
2. 🚫 Assignment without goodwill – Rights transferred, but not brand reputation
3. 🔄 Complete assignment – Full ownership transferred
4. 🤝 Partial assignment – Limited rights (e.g., for specific goods/territories)

🧾 Form used: Form TM-P

3️⃣ 👥 Who Needs These Services?

• Business owners selling their brand name or franchise
• Startups transferring IP during mergers or funding
• Heirs or successors of a deceased trademark owner
• IP attorneys or trademark consultants
• Entrepreneurs acquiring old brand rights

4️⃣ 🧑‍💼 Why Choose a Trademark Assignment Consultant?

✔️ To ensure:

• Proper drafting of assignment deed
• Government formalities are fulfilled
• Timely filing with the TM Registry
• Avoid legal disputes or TM rejection
• Seamless ownership transfer in legal records

💡 Assignments are often rejected if form or documentation is flawed.

5️⃣ 📝 Trademark Assignment Process – Step-by-Step (2025)

Step 1: 🤝 Draft Assignment Agreement

Includes terms, parties, consideration, types of rights transferred.

Step 2: 🖋️ Notarize & Sign Agreement

Sign and notarize on non-judicial stamp paper.

Step 3: 🧾 File Form TM-P

Log in to https://ipindiaonline.gov.in and file Form TM-P.

Step 4: 📧 Acknowledgement & Examination

Registry examines documents. Clarifications may be sought.

Step 5: 📜 Publication in Journal

Assignment may be published for public opposition (in some cases).

Step 6: ✅ Approval & Entry in Register

Ownership transfer is recorded in the Trademark Register.

6️⃣ 📂 Documents Required

• Assignment deed/agreement
• TM Registration Certificate (if registered)
• Affidavit of usage (if unregistered)
• Power of Attorney (if filed by agent/lawyer)
• Identity proof of both parties
• Stamp duty paid receipt

🧾 Stamp duty varies by state – average ₹100 to ₹500.

7️⃣ 💰 Cost Involved

✔️ Professional fees may vary based on complexity or number of marks.

8️⃣ ⏳ Time Taken

🕒 Keep checking status on https://ipindiaonline.gov.in.

9️⃣ 🚫 Common Mistakes to Avoid

• Missing or vague clauses in agreement
• Delay in filing Form TM-P
• Incorrect trademark details (class, name)
• Skipping journal publication when required
• Incomplete supporting documents
• Not hiring a TM expert for complex assignments

🔟 📞 Call-to-Action (CTA)

Need help transferring trademark ownership? We make the legal process simple and fast.

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📲 WhatsApp: +91 7588756518
🌐 Visit: www.opriyatrending.in

💼 Get end-to-end assignment support from TM experts today!

1️⃣1️⃣ ❓ FAQs – Trademark Assignment India

Q1. Can an unregistered trademark be assigned?
Yes, unregistered trademarks can be assigned via agreement under common law.

Q2. Is publication mandatory for assignment?
Yes, in case of assignment without goodwill or pending applications, publication is required.

Q3. What if the assignee doesn’t file Form TM-P?
The assignment won’t be recorded in TM registry – legal ownership remains unclear.

Q4. Is stamp duty compulsory?
Yes, an assignment deed must be properly stamped as per state laws.

Q5. Can a partial assignment be reversed later?
Not without mutual agreement and fresh documentation.