Ownership changes · Form TM-P
Trademark assignment & transfer
Brands change hands, sales, restructurings, partner exits, successions. The trademark only follows if the paperwork does. We draft assignment deeds and record transfers so the register matches reality.
The short version: a trademark is transferred by a written assignment deed and recorded at the Registry on Form TM-P. Assignments can be with or without goodwill, full or partial; unrecorded transfers cause title problems at renewal, enforcement and sale. We draft the deed, handle stamping guidance and record the change.
When you need this
- Selling a brand, or buying one, the mark should move with the deal, on paper
- Moving marks from a founder’s personal name into the company (extremely common in Gurgaon startups, and something investors’ lawyers will insist on)
- Restructuring: proprietorship to LLP or private limited, mergers, demergers
- Partner or director exits where the brand stays behind
- Succession, transmission of marks on inheritance
How the transfer works
- Deed drafting. An assignment deed identifying the marks, the consideration, and whether goodwill transfers, executed and stamped per the applicable stamp law. 2–3 working days
- Form TM-P filing. Request to record the new proprietor, with the deed and supporting documents, e-filed at the Registry. 1 working day
- Registry processing. Examination of the request; for assignments without goodwill, advertisement as directed. The register is then updated. Registry timelines vary
Details that trip people up
Three recurring ones. First, partial assignments, you can assign for some goods only, but sloppy drafting creates two owners of confusingly overlapping rights, which the Act restricts. Second, stamp duty, assignment deeds are stampable instruments, and an understamped deed is weak evidence exactly when you need it. Third, chains of title, if the mark passed A→B→C but only A is on the register, every link must be documented before C’s name goes on. We audit the chain before filing so the request survives scrutiny.
Straight answers
Frequently asked questions
Can a pending trademark application be assigned?
Yes, both registered marks and pending applications can be assigned. For pending applications the request is made so the register and prosecution continue in the new owner’s name.
Can a trademark be assigned without the business?
Indian law permits assignment with or without the goodwill of the business. Assignments without goodwill carry extra requirements, including advertisement of the assignment as directed by the Registrar, which is exactly the sort of step that gets missed in DIY transfers.
Is licensing different from assignment?
Yes. Assignment transfers ownership; a licence permits use while you keep ownership, as in franchising. Licences can be recorded at the Registry (registered user), which strengthens enforcement. We draft and record both.
What happens if we never record the transfer?
The register keeps showing the old owner, so renewals, oppositions and enforcement all run into proof-of-title problems at the worst possible moments, and buyers’ diligence flags it. Recording promptly on Form TM-P avoids all of it.
Where this usually leads
Related services & reading
Recording ownership before renewal keeps the register clean.
Filing new marks in the right owner’s name from day one.
Who drafts your deed, and how our fixed fees work.
Certificate of good decisions · No. 2026-TMG
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