Trademark Transfer
Trademark Transfer made easy with CASYST expert assistance.
If you sell, gift or restructure a business, the trademark must legally move with it. A proper assignment recorded at the Registry protects the new owner's rights. CASYST prepares the assignment documents and records the change with the Trade Marks Registry.
What is Trademark Transfer?
A trademark can be assigned, meaning transferred, from one owner to another with or without the goodwill of the business. The new owner must then record the transfer with the Trade Marks Registry to be recognised as the proprietor.
Transfers also happen through merger, demerger, inheritance or a change in constitution, and each is recorded in a similar manner.
Who needs Trademark Transfer?
- Buyers and sellers of a business or brand
- Companies restructuring or merging
- Owners changing from a proprietorship to a company
- Heirs receiving a trademark by inheritance
Benefits of Trademark Transfer
Clear ownership
The register shows the correct proprietor.
Enforcement rights
Only the recorded owner can take action for infringement.
Smooth business sale
A recorded assignment supports valuation and due diligence.
Legally sound documents
The assignment deed is properly drafted.
Expert filing
We handle the filing and follow up.
Eligibility
- The mark must be registered or applied for in the assignor's name
- Both parties must agree to the assignment in writing
- The assignment must be recorded with the Registry
- Rules on goodwill and public interest apply
Documents required
- Registration certificate of the trademark
- Assignment deed or agreement between the parties
- Identity and address proof of the assignor and assignee
- Business registration documents of both parties
- Power of attorney
- Details of any goodwill transferred
Trademark Transfer process
- 1Step 1
Review the marks
We check the registration status and ownership records.
- 2Step 2
Draft the assignment
We prepare the assignment deed with the agreed terms.
- 3Step 3
Sign and stamp
The deed is signed and stamped as required.
- 4Step 4
File the application
We file the application to record the change of ownership.
- 5Step 5
Registry update
The Registry records the new proprietor.
- 6Step 6
Confirmation
You receive confirmation of the updated register.
After the transfer
- The Registry updates the register with the new owner
- The new owner can renew and enforce the mark
- Update licences and agreements linked to the mark
- Inform partners and marketplaces of the change
- Keep the assignment records safely
Types of assignment
Complete assignment
All rights in the mark transfer to the new owner.
Partial assignment
Rights are transferred for some goods or services.
With goodwill
The mark moves together with the business goodwill.
Without goodwill
The mark moves alone, subject to legal restrictions.
Common transfer scenarios
- Sale of a business or brand
- Merger, demerger or restructuring
- Gift or family transfer
- Inheritance
Restrictions on assignment
- An assignment should not create confusing parallel use of similar marks
- Territorial restrictions on use may apply
- The assignment must be in writing
- It must be recorded with the Registry
Form and recording
The assignment is recorded by filing the prescribed form with the Registry together with the assignment agreement. Once recorded, the register shows the new proprietor.
Related services
Trademark Transfer cost
Our Trademark Transfer package starts from ₹8,999. Government fees, stamp duty and other statutory charges are separate and depend on your state and the exact filing involved. We give you a clear, itemised quote before we start, with no hidden charges.
Get a QuoteTrademark Transfer checklist
- Review the marks
- Draft the assignment
- Sign and stamp
- File the application
- Registry update
- Confirmation
Frequently asked questions
Yes, in some cases, but the rules on goodwill and public interest apply. We advise on the right approach.
The transfer takes effect between the parties on signing, but the recorded entry matters for enforcement.
Stamp duty on the assignment deed depends on your state.
Yes, applications can also be assigned.
That is handled as a change of proprietor details, not an assignment.
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