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Trademark Transfer & Assignment Services

Trademark Transfer & Assignment in India

Transfer Your Trademark Ownership Under Trade Marks Act, 1999 - Starting @ ₹5,999 Only

Expert Assignment Deed Drafting. Form TM-23/TM-24 Filing. Government Fee Facilitation. 100% Online Process.
  • Assignment Deed Drafting
  • Form TM-23 / TM-24 Filing
  • Complete & Partial Assignment
  • With or Without Goodwill
  • Registrar Follow-up
  • Updated Certificate Procurement
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500+ TM Transfers Done
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“Incorporating my Startup with IncorpX was an incredibly smooth and hassle-free experience. The team was highly professional, guiding us every step of the way with clear communication and prompt support. The registration process was fast, and every detail was handled with precision and accuracy. Highly recommend IncorpX for anyone starting a business.”

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“Company is good and service is also smooth. I used their compliance service and the response was timely with no delay and price are also convenient. They are always available to cater your need.”

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“Don't think twice.Got my company incorporates here. Tbh very impressed by the quality of service provided by this team. Very organized and friendly team. Had a smooth and peaceful experience. Timely regular updates were provided by the team. Overall a great experience.”

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“It's rare to find a service provider who makes the process feel personal - IncorpX absolutely did. From day one, they patiently explained every detail without any jargon, making it easy to understand and stress-free. There was zero chasing, no delays-just efficient, smooth execution all the way through. I felt supported, heard, and confident at every step of registering my company EIGHTH DAY FORGE (OPC) Private Limited. Thanks to Mr. Sriram and his wonderful team.”

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“IncorpX made the entire registration process for our company, EKnal Technologies, smooth and stress-free. Their team was professional, efficient, and incredibly supportive from start to finish. Highly recommend them to any founder looking for a reliable partner in their business journey! Special shoutout to Sriram and Aswin-your support, clarity, and responsiveness made the whole process incredibly smooth.”

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Expert Legal Team

Experienced legal experts in company formation and corporate law.

Fast Turnaround

Kickstart your venture with efficient company setup, generally processed within a week.

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Personal manager by your side, every step of the way and beyond.

Complete Documentation

We handle all paperwork and ensure full legal compliance.

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Transfer Your Trademark Ownership Seamlessly?

Trademark assignment under Sections 37-44, Trade Marks Act 1999. Expert deed drafting, Form TM-23/TM-24 filing, and Registrar follow-up - all handled by IncorpX!

Here's How It Works

01

Fill the Form

Simply fill the above form to get started.

02

Call to discuss

Our startup expert will connect with you & complete legalities.

03

Transfer Your Trademark Hassle-Free

Our IP attorneys handle the complete trademark assignment process from deed drafting to certificate procurement.

Simple & Transparent Pricing

MOST POPULAR

Trademark Transfer Package

From ₹5999 one-time professional fee

Complete within 7 days

7-day turnaround 100% guaranteed
  • Free Consultation
  • Assignment Deed Drafting
  • Form TM-23 / TM-24 Preparation
  • NOC Drafting
  • Government Fee Facilitation
  • Online Filing on IP India Portal
  • Registrar Examination Follow-up
  • Journal Advertisement Coordination
  • Updated Certificate Procurement
  • Dedicated IP Attorney Support

*Government fees are additional and vary based on company structure

4.9/5 based on 1000+ reviews
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Our proprietary AI engine streamlines every step of business setup, from intelligent name suggestions to automated document drafting and compliance tracking.

  • AI-Powered Business Name Approval Check
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  • 24/7 AI Chatbot + Human Expert Support
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Premium Plan

IncorpX Prime IncorpX Prime

An all-inclusive solution for startups and expanding enterprises seeking a streamlined, compliant incorporation process.

Key Benefits

  • Personalised support from dedicated incorporation specialists.

  • Application prepared and filed within 2 days.

  • 24/7 customer assistance.

Important Notes

  • We strive to register your preferred business name whenever feasible.

  • Alternative name suggestions are provided if the preferred name is not approved.

Package includes first-year compliance services: auditor appointment, annual filings, and related obligations.

What is Trademark Transfer?

Trademark transfer (legally termed "assignment") refers to the permanent transfer of ownership rights in a trademark from the assignor (current owner) to the assignee (new owner). Unlike trademark licensing - where the owner merely grants permission to use the mark - assignment results in a complete change of proprietorship. The assignee becomes the new registered owner with exclusive rights to use, license, and enforce the trademark.

Under Section 37 of the Trade Marks Act, 1999, a registered trademark is assignable and transmissible, whether with or without the goodwill of the business concerned. Section 38 further clarifies that the assignment of a registered trademark can be for all or some of the goods or services for which it is registered. For unregistered trademarks, Section 39 allows assignment only with the goodwill of the business.

It is important to understand that trademark assignment is different from a change of name (where the same entity changes its legal name) or a change of address (where the proprietor relocates). Assignment involves a change of the actual legal owner of the trademark - a different person or entity takes over.

Trademark Assignment Structure

Key Aspects of Trademark Assignment:


  • Permanent Transfer: Assignment permanently transfers all ownership rights - the assignor ceases to be the proprietor after recording.
  • With or Without Goodwill: Registered trademarks can be assigned with or without the business goodwill (Section 38). Unregistered marks require goodwill transfer (Section 39).
  • Complete or Partial: Assignment can cover all goods/services or be restricted to specific goods, services, or territories.
  • Mandatory Recording: Assignment must be recorded with the Registrar via Form TM-23/TM-24 - an unrecorded assignment is inadmissible as evidence of title (Section 45).

Did You Know?

Under Section 45 of the Trade Marks Act, 1999, a document purporting to transfer trademark ownership is not admissible as evidence of title in any court or proceedings unless it has been registered with the Registrar of Trademarks. This makes recording the assignment via Form TM-23/TM-24 absolutely essential.

Who Can Transfer a Trademark?

The following persons or entities can transfer (assign) a trademark in India:

1. Registered Proprietor

The person or entity whose name appears in the Register of Trademarks as the proprietor. Can assign with or without goodwill for registered marks.

2. Legal Heirs / Successors

Legal heirs of a deceased proprietor can transmit the trademark through inheritance under Section 44. Requires death certificate and probate/succession certificate.

3. Corporate Successors

In cases of mergers, amalgamations, or demergers, the successor company inherits the trademark by operation of law. Requires NCLT order or scheme of arrangement.

4. Joint Proprietors

If a trademark is jointly owned, all co-owners must consent to the assignment. A single co-owner cannot unilaterally assign the trademark without others' consent.

5. Authorised Agents

An authorised agent with a valid Power of Attorney (Form TM-48) can execute the assignment on behalf of the proprietor. Common in corporate and cross-border assignments.

6. Court-Appointed Administrators

In insolvency or bankruptcy proceedings, court-appointed administrators or resolution professionals can assign trademarks under the Insolvency and Bankruptcy Code, 2016.

Trademark Assignment Deed - Key Clauses:

The assignment deed is the most critical document in a trademark transfer. A well-drafted deed protects both parties and ensures smooth recording with the Registrar. Here are the essential clauses:

1. Parties & Recitals

Full legal names, addresses, and entity types of assignor and assignee. Recitals describing the background - trademark details, reason for transfer, and mutual intent.

2. Trademark Particulars

Registration number, application number, class(es), goods/services description, date of registration, and any pending actions or encumbrances on the mark.

3. Consideration

The monetary consideration for the transfer, payment terms (lump sum, instalment, or deferred), GST applicability, and conditions precedent or subsequent to payment.

4. Goodwill Clause

Whether the assignment is with or without the goodwill of the business. If with goodwill, specify the scope of business reputation being transferred.

5. Territory & Scope

Geographical territory covered by the assignment (all India or specific regions). Scope of goods/services being transferred (all or partial).

6. Effective Date

The date from which the transfer takes effect. This is important for determining rights, obligations, and enforcement powers of the assignee.

7. Warranties

Assignor warrants valid ownership, no encumbrances, no pending litigation, right to assign, and that the mark is not subject to any licence or claim.

8. Indemnity

Assignor indemnifies the assignee against any claims, losses, or damages arising from prior ownership. Assignee indemnifies for post-transfer usage and enforcement.

Pro Tip!

Always execute the assignment deed on appropriate stamp paper as per your state's stamp duty rules and get it notarised. An unstamped deed may be inadmissible in court under the Indian Stamp Act, 1899. At IncorpX, our IP attorneys draft comprehensive assignment deeds covering all necessary clauses to protect both parties.

Tax Implications of Trademark Transfer:

Trademark assignment has significant tax implications that both the assignor and assignee should be aware of:

1. GST on Assignment

Assignment of trademark is treated as a supply of service under GST law, attracting 18% GST on the consideration amount. The assignor must issue a GST invoice and remit GST to the government. SAC Code: 997113.

2. Income Tax on Consideration

The consideration received by the assignor is taxable as capital gains. If the trademark was held for more than 24 months, it qualifies as long-term capital gains (LTCG) with indexation benefit. Short-term gains are taxed at applicable slab rates.

3. Stamp Duty on Deed

The assignment deed must be executed on appropriate stamp paper under the Indian Stamp Act, 1899. Stamp duty varies by state - typically ₹100 to ₹500. Some states may charge a percentage of the consideration amount.

4. TDS Obligations

The assignee may be required to deduct TDS under Section 194J (fee for technical services) or Section 194-O of the Income Tax Act on the consideration paid. TDS rate is typically 10% on royalties and technical fees.

5. Cross-Border Transfers

International trademark assignments may attract additional tax considerations including withholding tax, DTAA provisions, transfer pricing regulations, and FEMA compliance for foreign exchange transactions.

6. Accounting Treatment

For the assignee, the trademark is recorded as an intangible asset under Ind AS 38 and amortised over its useful life. The assignor recognises the consideration as income and derecognises the asset from its books.

Tax Advisory!

Trademark assignment transactions involve complex tax implications across GST, Income Tax, and Stamp Duty. We strongly recommend consulting a qualified Chartered Accountant or tax advisor before executing a trademark transfer to ensure full compliance and optimal tax planning. IncorpX can connect you with our partner tax professionals.

Why Choose IncorpX for Trademark Transfer?

Track Record: 500+ successful trademark transfers across industries.
Expert IP Attorneys: Practicing advocates with specialisation in trademark law.
Deed Drafting: Comprehensive assignment deeds covering all legal clauses.
Transparent Pricing: All-inclusive packages starting at ₹5,999. No hidden fees.
Fast Processing: Same-day filing after deed execution.
Dedicated Support: Regular status updates and Registrar follow-up throughout.
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Instant Response 100% Confidential Expert Advice