What Are the Documents Required for Assignment of Trademark?(Intellectual Property Rights){Part 2 of 2}

[YAGAY andSUN]

For the assignment of a trademark in India (i.e., transferring ownership rights from one party to another), certain documents and formalities are required under the Trade Marks Act, 1999 and relevant Trade Marks Rules.

Here's a list of the key documents and procedural requirements for assignment of a trademark:

✅ List of Required Documents for Trademark Assignment:

1. Assignment Deed (Mandatory)
   • A duly executed Deed of Assignment between the assignor (current owner) and the assignee (transferee), specifying:
     • Trademark details (name, class, registration number)
     • Nature of assignment (with/without goodwill)
     • Consideration amount (if any)
     • Effective date of assignment
2. TM-P Form (Official Application Form)
   • This is the prescribed form under Rule 75 of the Trade Marks Rules, 2017.
   • To be filed online with the Trade Marks Registry by either party (assignor or assignee).
   • Separate forms are required for each trademark/class if applicable.
3. Power of Attorney (if filed through agent/attorney)
   • If the application is submitted by a legal representative or trademark agent.
4. Copy of Trademark Registration Certificate
   • For registered trademarks (not required for unregistered marks but advisable).
5. Affidavit (if needed)
   • To explain the relationship between the parties, or to clarify whether the assignment is with or without goodwill.
6. Identification and Address Proofs
   • For both assignor and assignee (PAN, Aadhar, Passport, Certificate of Incorporation in case of companies, etc.).
7. No Objection Certificate (NOC) (Optional but recommended)
   • From the assignor in favor of the assignee (if not explicitly stated in the assignment deed).

🔁 Additional Notes:

• Assignment with goodwill: Transfers the brand along with reputation, customer base, and business.
• Assignment without goodwill: Only the trademark rights are transferred; cannot use it for the same business line.

🕒 Timelines:

• The application must be filed within 6 months from the date of the assignment (can be extended up to 12 months with special permission).
• Once filed, the Trade Marks Registry may take 6–12 months to process and reflect the change in ownership.

📝 Professional Tip:

Always ensure that the assignment deed is stamped appropriately as per the Stamp Act of the relevant State, and registered/notarized, especially if goodwill is involved, to avoid legal disputes later.

✅ 1. TRADEMARK ASSIGNMENT DEED – DRAFT

TRADEMARK ASSIGNMENT DEED

This Assignment Deed is made on this ___ day of ____, 20

BY AND BETWEEN

[Assignor’s Name], a [type of entity, e.g., individual / company / LLP] having its principal place of business at [full address], hereinafter referred to as the “Assignor” (which expression shall, unless repugnant to the context, mean and include its successors, legal representatives and assigns),

AND

[Assignee’s Name], a [type of entity] having its principal place of business at [full address], hereinafter referred to as the “Assignee” (which expression shall, unless repugnant to the context, mean and include its successors, legal representatives and assigns).

WHEREAS:

1. The Assignor is the sole and absolute owner of the trademark described below:
   • Trademark: [Trademark Name/Logo]
   • Application/Registration No.: [Number]
   • Class(es): [Applicable Class]
   • Date of Application/Registration: [Date]
2. The Assignor has agreed to assign and transfer all its rights, title, and interest in the said trademark to the Assignee, and the Assignee has agreed to accept the same, on the terms and conditions set out herein.

NOW THIS DEED WITNESSETH AS UNDER:

1. Assignment: The Assignor hereby assigns, conveys, and transfers absolutely and irrevocably to the Assignee, all rights, title, interest, and goodwill (where applicable) in and to the above-mentioned trademark, along with all associated rights including rights to sue for infringement, licensing, renewal, and enforcement.
2. Consideration: The Assignor acknowledges having received a sum of ₹________ (Rupees ___________) from the Assignee as full and final consideration for the assignment.
3. Warranties and Representations: The Assignor represents that it is the sole legal and beneficial owner of the trademark and that the same is free from any encumbrances, claims, or disputes.
4. Use of Trademark: The Assignee shall be entitled to use the trademark in connection with its goods/services and shall have full authority to deal with it as absolute owner.
5. Further Acts: The Assignor undertakes to do all such further acts and execute all such documents as may be necessary to give full effect to this assignment.
6. Governing Law: This Deed shall be governed by and construed in accordance with the laws of India.

IN WITNESS WHEREOF, the parties hereto have executed this Deed on the day, month and year first above written.

SIGNED AND DELIVERED BY:

[Name of Assignor]

[Name of Assignee]

WITNESSES:

1. __________________ (Name & Signature)
2. __________________ (Name & Signature)

📝 2. HOW TO FILE FORM TM-P (Trademark Assignment)?

Step-by-Step Procedure:

✅ Step 1: Prepare the following documents

• Duly signed and stamped Assignment Deed.
• Affidavit (if assignment is without goodwill or if clarification needed).
• Power of Attorney (if filed by agent/attorney).
• Copy of Registration Certificate (if assigned mark is registered).
• ID proofs of both parties (optional, but recommended).

✅ Step 2: Login to the IP India portal

• Visit https://ipindiaonline.gov.in/trademarkefiling
• Login using your credentials (agent or applicant login)

✅ Step 3: Select Form TM-P

• Choose “Request to register subsequent proprietor” under TM-P.
• Fill in details:
  • Trademark Number
  • Assignor and Assignee Details
  • Nature of assignment (with/without goodwill)
  • Date of execution of Assignment Deed
  • Upload required documents

✅ Step 4: Pay the Government Fee

• As per the current fee schedule (as of 2025):
  • ₹9,000 per mark per class (for e-filing) if filed by an individual/startup/SME
  • ₹18,000 otherwise
• Fee payment via online mode.

✅ Step 5: Submit the Application

• Generate acknowledgment.
• The Trademark Registry will examine the application and, if found in order, update the new proprietor's name in the Register.