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Trademark Transfer & Assignment in India
Transfer Your Trademark Ownership in 45 to 90 Days Starting at Just ₹5,999
Assignment Deed Drafting. Form TM-23/TM-24 Filing. Government Fee at Actuals. 100% Online. Sections 37-44, Trade Marks Act 1999. Listed amounts are IncorpX professional charges for end-to-end assistance. Government / statutory fees are charged separately at actuals.
Assignment Deed Drafting on Stamp Paper
Form TM-23 / TM-24 Preparation and E-Filing
NOC Drafting for Assignor
Complete, Partial, and Corporate Assignments
With or Without Goodwill Transfers
Registrar Follow-up and Status Updates
Trademark Journal Coordination
Updated Certificate Procurement
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Transfer Your Trademark Ownership with Expert IP Attorneys?
End-to-end assistance for trademark assignment under Sections 37-44 of the Trade Marks Act, 1999. Deed drafting, Form TM-23/TM-24 filing, and Registrar follow-up from ₹5,999. Government fee at actuals. 500+ transfers facilitated.
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End-to-end assistance for trademark assignment with expert IP attorney support. From deed drafting to updated certificate in 45 to 90 working days.
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Trademark Transfer Package 2026
From ₹5,999 IncorpX professional fee for assistance
Timeline depends on the application type and authority review
Application support Professional assistance
Free IP Consultation
Assignment Deed Drafting (Stamp Paper)
Form TM-23 / TM-24 Preparation
NOC Drafting
Government Fee Facilitation
Online E-Filing on IP India Portal
Registrar Examination Follow-up
Trademark Journal Coordination
Updated Certificate Procurement
Dedicated IP Attorney Support
*Listed amounts are IncorpX professional charges for end-to-end assistance. Government / statutory fees are charged separately at actuals.
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Listed amounts are IncorpX professional charges for end-to-end assistance. Government / statutory fees are charged separately at actuals.
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Key Takeaways: Trademark assignment transfers ownership from one party to another under Sections 37-44 of the Trade Marks Act, 1999. Record the assignment via Form TM-23 (registered marks) or Form TM-24 (pending applications) on the IP India portal. Government fee: ₹5,400 per mark per class. Processing time: 45 to 90 working days. IncorpX professional fee: ₹5,999.
Trademark transfer (legally called trademark assignment) is the process of permanently transferring ownership of a registered or unregistered trademark from one person or entity (assignor) to another (assignee). Under Section 37 of the Trade Marks Act, 1999, a registered trademark is assignable and transmissible with or without the goodwill of the business concerned. The assignee becomes the new registered proprietor with full rights to use, licence, and enforce the mark across India.
Trademark assignments occur in many business contexts: mergers and acquisitions, corporate restructuring, sale of brand rights, IP portfolio management, succession planning, and insolvency proceedings. Both registered and unregistered trademarks can be assigned, although Section 39 restricts unregistered mark assignment to transfers with goodwill only. The assignment must be recorded with the Registrar of Trademarks by filing Form TM-23 or TM-24 on the IP India portal to be legally effective. Already own a registered trademark? Learn more about trademark registration or get your trademark certificate.
The Trade Marks Act, 1999 is India's principal legislation governing trademark registration, protection, assignment, transmission, and licensing, administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry. Sections 37 to 44 regulate the assignment and transmission of trademark rights, while the Trade Marks Rules, 2017 (Rule 68) prescribe the procedural requirements for recording these transfers.
Under Section 45, an unrecorded assignment is not admissible as evidence of title in any court or before the Registrar. This makes timely recording within 6 months of the assignment date a practical necessity for protecting the assignee's rights. IncorpX has facilitated over 500 trademark assignments across industries, achieving a 99% success rate with the Trademark Registry.
The Trade Marks Act, 1999 recognises 7 forms of trademark assignment. The type depends on the scope of rights transferred, whether goodwill is included, and whether the trademark is registered or unregistered. Each type has distinct legal requirements under Sections 37 to 44.
Goodwill in trademark law refers to the commercial reputation, customer recognition, and brand value associated with a mark through its use in trade. Under Section 37, registered trademarks can be assigned with or without goodwill, while Section 39 mandates that unregistered trademarks can only be assigned with goodwill.
Assignment Type
Description
Legal Basis
Goodwill Required?
Complete Assignment
All rights, title, and interest in the trademark transfer for all goods/services and all territories. Assignor retains no rights.
Section 37-38
Optional (registered TM)
Partial Assignment (Goods/Services)
Rights transfer for specific goods or services within the registered class only. Assignor retains remaining rights.
Section 38
Optional (registered TM)
Partial Assignment (Territory)
Rights transfer for a limited geographical territory. Assignor retains rights in remaining territories.
Section 38
Optional (registered TM)
Assignment With Goodwill
Trademark transfers with the business reputation, customer base, and brand value. Assignee inherits the brand's commercial standing.
Section 37-38
Yes (included)
Assignment Without Goodwill
Trademark transfers independently without the underlying business. Restricted to registered trademarks only.
Section 38
No (excluded)
Assignment of Unregistered TM
Transfer of an unregistered trademark. Goodwill transfer is mandatory; assignment without goodwill is prohibited.
Section 39
Yes (mandatory)
Transmission by Operation of Law
Transfer through inheritance, succession, merger, amalgamation, or court order. No assignment deed is needed; legal documents suffice.
Section 44
Not applicable
Warning: Under Section 40, the Registrar can refuse to record an assignment if it creates exclusive rights in multiple persons for similar goods/services in a way that causes public confusion. Ensure your assignment deed clearly delineates the scope to avoid rejection.
Trademark Assignment vs Licensing
Trademark assignment and trademark licensing serve fundamentally different purposes. Assignment permanently transfers ownership, while licensing grants temporary usage rights. Understanding this distinction is critical before choosing your approach. If you need licensing instead, explore trademark registration for establishing usage rights through registered user provisions under Section 49.
Aspect
Trademark Assignment
Trademark Licensing
Nature
Permanent transfer of ownership
Temporary permission to use
Ownership
Assignee becomes new owner
Owner retains ownership
Duration
Permanent (irrevocable)
Fixed term (per agreement)
Legal Basis
Sections 37-44, Trade Marks Act 1999
Section 49, Trade Marks Act 1999
Registration Form
Form TM-23 / TM-24
Form TM-U (Registered User)
Consideration
Lump sum or deferred payment
Royalty payments (periodic)
Enforcement Rights
Only assignee enforces post-transfer
Both owner and licensee enforce
Revocability
Generally irrevocable
Revocable on breach or expiry
Best For
Brand sale, M&A, IP restructuring
Franchising, distribution, co-branding
Government Fee
₹5,400 per mark per class
₹5,400 per mark per class
When to choose assignment: Select assignment when permanently selling a brand, during mergers and acquisitions, or when restructuring your IP portfolio. When to choose licensing: Select licensing when retaining ownership while letting others use the mark under controlled conditions, such as franchise or distribution arrangements.
Who Can Transfer a Trademark in India?
Multiple categories of persons and entities can transfer trademark ownership in India. The right to assign depends on the legal relationship with the trademark and the applicable provisions of the Trade Marks Act, 1999.
Registered Proprietor
The individual or entity listed as proprietor in the Register of Trademarks. Can assign with or without goodwill under Section 38. Requires valid registration certificate.
Legal Heirs and Successors
Legal heirs of a deceased proprietor can transmit the trademark through inheritance under Section 44. Requires death certificate and probate or succession certificate. No assignment deed needed.
Corporate Successors
In mergers, amalgamations, or demergers, the successor company inherits trademarks by operation of law under Section 44. Requires NCLT order or scheme of arrangement document.
Joint Proprietors
If a trademark is jointly owned, all co-owners must consent to the assignment. A single co-owner cannot unilaterally assign without the consent of all other co-owners.
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.
Court-Appointed Administrators
In insolvency proceedings, court-appointed resolution professionals can assign trademarks under the Insolvency and Bankruptcy Code, 2016. Requires court or NCLT order.
Both individuals and corporate entities (companies, LLPs, partnership firms, trusts) can be assignors or assignees. For corporate assignors, a board resolution authorising the assignment and appointing the signatory is mandatory. Need to register a company first? IncorpX assists with that too.
Documents Required for Trademark Transfer
Prepare these documents before initiating the trademark transfer filing. All uploads must be clear scanned copies in PDF format. Documents vary based on whether the trademark is registered or pending, and whether the transfer is a voluntary assignment or transmission by law.
A trademark assignment deed is the primary legal instrument for recording trademark transfer. Executed on stamp paper (₹100 to ₹500 depending on state), this document specifies the parties, mark details, consideration amount, goodwill clause, territory, warranties, and effective date. Without a properly executed deed, the Registrar of Trademarks will not process Form TM-23 or TM-24 filings.
Assignment Documents:
Trademark Assignment Deed (executed on stamp paper per state rules, notarised for enhanced validity)
NOC from Assignor (No Objection Certificate confirming consent to transfer)
Filing Forms:
Form TM-23 (for registered trademarks, government fee ₹5,400 per class)
Form TM-24 (for pending applications, government fee ₹5,400 per class)
Form TM-48 (Power of Attorney, required if filing through agent or attorney)
Identity and Entity Documents:
Identity Proof of assignor and assignee (PAN, Aadhaar, or Passport)
Address Proof of both parties (utility bill or bank statement, not older than 3 months)
Board Resolution (if assignor or assignee is a company or LLP)
Certificate of Incorporation / LLP Agreement (for corporate entities)
Trademark Proof:
Trademark Registration Certificate or Application Acknowledgement
Consideration Payment Proof and GST Invoice for the transaction
For Transmission (Inheritance):
Death Certificate of the deceased proprietor
Probate or Succession Certificate from the competent court
Pro Tip: Avoid Filing Delays
Ensure the assignor's name in the assignment deed matches the name in the trademark registration certificate character-for-character. Name mismatches are the most common cause of Registrar queries, adding 15 to 30 days to the processing timeline. IncorpX attorneys verify all documents for consistency before filing.
Trademark Transfer Cost in 2026
Every cost component is listed below, split between government fees (paid to the Registrar of Trademarks) and professional fees (paid to IncorpX). Government fees are billed at actuals with a detailed quote provided before payment.
Component
Amount (₹)
Notes
Government Fee (Form TM-23, e-filing)
5,400 per mark per class
For recording assignment of registered trademarks
Government Fee (Form TM-24, e-filing)
5,400 per mark per class
For recording assignment of pending applications
Physical Filing Fee
6,000 per mark per class
Higher fee for non-electronic filing (not recommended)
Stamp duty and notarisation charges apply separately. Rates are for e-filing in 2026. Physical filing adds ₹600 per class.
Pricing Guarantee: IncorpX charges a flat ₹5,999 professional fee for end-to-end assistance, regardless of the number of classes. Government fees of ₹5,400 per class are billed separately at actuals. No hidden charges, no auto-renewals. A detailed state-specific quote is provided before payment.
Free consultation. ₹5,999 flat professional fee. Government fees at actuals.
Step-by-Step Trademark Transfer Process
The complete trademark transfer process takes 45 to 90 working days from deed execution to updated certificate issuance. The total cost starts at ₹11,599 for a single class (e-filing, including ₹5,999 professional fee, ₹5,400 government fee, and stamp duty). Based on our experience handling 500+ assignments, most transfers complete within 60 working days when all documents are prepared correctly. All 6 steps below are filed through the IP India portal.
Step 1: Draft the Trademark Assignment Deed
Prepare a comprehensive assignment deed on appropriate stamp paper (₹100 to ₹500 depending on state). The deed must contain 8 key clauses: identification of assignor and assignee, trademark particulars (registration number, classes, goods/services), type of assignment (complete or partial, with or without goodwill), consideration amount and payment terms, territory scope, effective date, warranties by the assignor (valid ownership, no encumbrances, no pending litigation), and indemnity provisions. Both parties sign the deed, and notarisation adds legal enforceability.
Portal: N/A | Form: Assignment Deed | Time: 3 to 5 working days
Step 2: Prepare Filing Forms
Complete Form TM-23 (for registered trademarks) or Form TM-24 (for pending applications) with details of assignor, assignee, trademark registration number, classes, and assignment deed particulars. Attach the signed assignment deed, NOC from assignor, identity proofs, address proofs, board resolution (if corporate transfer), and Form TM-48 (Power of Attorney) if filing through an attorney or agent.
Portal: ipindiaonline.gov.in | Form: TM-23 or TM-24 | Time: 1 to 2 working days
Step 3: File Application on IP India Portal
Log in to the IP India portal at ipindiaonline.gov.in and submit the completed Form TM-23 or TM-24 electronically with digital signature. Upload all supporting documents as PDF attachments. The filing must be completed within 6 months of the assignment date. The system generates an acknowledgement number for tracking.
Portal: ipindiaonline.gov.in | Deadline: 6 months from assignment date | Time: Same day
Step 4: Pay Government Fees
Pay ₹5,400 per mark per class for e-filing (₹6,000 for physical filing). For trademarks registered in multiple classes, separate fees apply per class. Payment is made online through the IP India portal using net banking, debit card, or credit card. Physical filing at the Trademark Registry office accepts demand draft or challan payment.
Fee: ₹5,400/class (e-filing) or ₹6,000/class (physical) | Payment: Online at filing
Step 5: Registrar Examination and Journal Advertisement
The Registrar of Trademarks examines the application for compliance with Section 40 (restriction on assignments causing consumer confusion) and completeness of documentation. If approved, the Registrar directs advertisement in the Trademark Journal under Section 44 for public notice. Interested parties can raise objections during this period. This stage takes 30 to 45 working days.
Authority: Registrar of Trademarks | Section: 40, 44 | Time: 30 to 45 working days
Step 6: Receive Updated Registration Certificate
After the Journal advertisement period and resolution of any objections, the Registrar records the assignment in the Register of Trademarks and issues an updated registration certificate reflecting the new proprietor's details. The assignee is now the official registered owner with full legal rights to use, licence, and enforce the trademark. The updated certificate is available for download from the IP India portal.
Output: Updated TM Registration Certificate | Time: 7 to 15 working days post-Journal
Common Mistake: Filing Form TM-23/TM-24 after the 6-month deadline from the assignment date. Late filing requires an extension request to the Registrar with valid reasons and may attract additional fees. Always file within 6 months to avoid complications.
Expert IP attorneys. Same-day filing after deed execution. 99% success rate.
Restrictions on Trademark Assignment
The Trade Marks Act, 1999 places specific restrictions on trademark assignments to protect consumers and prevent market confusion. Understanding these restrictions helps you structure the assignment correctly and avoid Registrar rejections.
Section 40: No Confusion Among the Public. The Registrar can refuse to record an assignment if it results in multiple persons holding exclusive rights to the same or similar trademarks for the same or similar goods/services in a way that creates confusion. For example, if "BrandX" is registered for clothing and footwear, assigning clothing rights to Company A while retaining footwear rights could create confusion if both parties use similar packaging or marketing.
Section 39: Unregistered Marks Must Include Goodwill. An unregistered trademark cannot be assigned without the goodwill of the business. The assignor must transfer the associated business reputation and customer base along with the unregistered mark. This protects consumers who associate the mark with the original business.
Section 49: Registered User Implications. If the trademark has existing registered users (licensees) recorded under Section 49, the assignment must account for these licence agreements. The assignee inherits existing registered user obligations. Consent from registered users is advisable before executing the assignment.
Warning: Under Section 40, assignments creating deceptive similarity between marks held by different parties for similar goods/services are rejected by the Registrar. Before filing, conduct a trademark search to confirm the assignment does not create conflicting rights. IncorpX attorneys perform this check as part of the standard assignment package.
Tax Implications of Trademark Transfer
Trademark assignment has significant tax consequences for both the assignor and assignee. Consult a Tax Professional before executing the assignment to optimise your tax position.
GST at 18%
Trademark assignment is treated as a supply of service under GST law, attracting 18% GST on the consideration amount. SAC Code: 997113. The assignor must issue a GST tax invoice and remit GST to the government.
Income Tax on Capital Gains
The assignor pays income tax on the consideration as capital gains. If the trademark was held for more than 24 months, long-term capital gains (LTCG) at 12.5% apply (without indexation, per Finance Act 2024). Short-term gains are taxed at applicable slab rates.
TDS Obligations
The assignee deducts TDS at 10% under Section 194J of the Income Tax Act on the consideration paid (classified as fee for technical services). TDS applies when the annual payment exceeds ₹30,000.
Stamp Duty on Deed
The assignment deed must be executed on stamp paper under the Indian Stamp Act, 1899. Duty varies by state: ₹100 to ₹500 as fixed duty. States like Maharashtra charge based on consideration value for higher amounts.
Cross-Border Transfers
International trademark assignments attract withholding tax, DTAA provisions, transfer pricing regulations under Section 92 of the Income Tax Act, and FEMA compliance for foreign exchange transactions.
Accounting Treatment
The assignee records the trademark as an intangible asset under Ind AS 38 and amortises it over its useful life. The assignor derecognises the asset and recognises consideration as income in the financial statements.
Tax Planning Tip: If the trademark has been held for over 24 months, the assignment qualifies for long-term capital gains treatment at 12.5% (without indexation, per Finance Act 2024). This is significantly lower than short-term capital gains taxed at slab rates (up to 30%). Consult an expert before executing the deed.
Advantages of Trademark Assignment
Legal Recognition: Recorded assignment under Section 45 is admissible as evidence of title in all courts and before the Registrar. The assignee gains official recognition as the registered proprietor.
Full Enforcement Rights: The assignee can initiate infringement proceedings under Section 29, file trademark oppositions under Section 25, and take criminal action under Section 103 against counterfeiters.
Renewal Capability: Only the recorded proprietor can file trademark renewal via Form TM-R. Without recording, the assignee cannot renew the mark, risking expiry after the 10-year term.
Licensing Revenue: The recorded proprietor can grant licences and sub-licences to third parties, creating additional revenue streams from the acquired trademark under Section 49.
IP Portfolio Valuation: A properly recorded trademark strengthens IP portfolio valuation during fundraising, loan collateral applications, and corporate transactions. Trademarks are intangible assets under Ind AS 38.
International Protection: Recorded ownership in India enables filing under the Madrid Protocol for trademark protection across 130+ countries through WIPO. India joined the Madrid Protocol in 2013.
Disadvantages of Trademark Assignment
Irrevocable Transfer: Once recorded, the assignment is permanent. The assignor loses all rights and cannot use the trademark unless a fresh assignment deed is executed back in their favour.
Processing Time: The recording process takes 45 to 90 working days. During this period, the assignee has limited enforcement capabilities since the Register still shows the original proprietor.
Section 40 Rejection Risk: The Registrar can refuse recording if the assignment creates consumer confusion. Partial assignments for similar goods/services carry higher rejection risk. Pre-filing trademark search helps mitigate this.
Tax Burden: The assignor faces 18% GST on consideration, capital gains tax, and stamp duty. For high-value trademarks, the combined tax liability can be significant without proper tax planning.
Register a Pvt Ltd company to hold acquired trademarks as company IP assets from ₹1,999.
FAQs on Trademark Transfer and Assignment
Below are answers to the most common questions about trademark transfer, assignment, and transmission in India. Each answer covers the specific legal provision, form, fee, or timeline involved.
Trademark assignment is the legal transfer of trademark ownership from one party (assignor) to another (assignee) under Section 37 of the Trade Marks Act, 1999. It covers both registered and unregistered trademarks. The assignment must be recorded with the Registrar of Trademarks using Form TM-23 or TM-24 to be legally effective.
Assignment with goodwill transfers the trademark along with the business reputation, customer base, and brand value associated with it. Under Section 37 of the Trade Marks Act, 1999, this is the standard form of assignment. The assignee gains full rights to use the mark for all associated goods or services.
Assignment without goodwill transfers only the trademark rights, not the associated business reputation. Under Section 38 of the Trade Marks Act, 1999, this applies only to registered trademarks. Section 39 prohibits unregistered trademark assignment without goodwill. The assignor retains the existing business while the assignee gets the mark alone.
Yes, unregistered trademarks can be assigned in India, but Section 39 of the Trade Marks Act, 1999 mandates that unregistered trademark assignment must include goodwill transfer. Assignment without goodwill is not permitted for unregistered marks. The assignment is recorded via Form TM-24 filed with the Registrar of Trademarks.
Form TM-23 is the prescribed application to record assignment or transmission of a registered trademark with the Registrar of Trademarks. The government fee is ₹5,400 per mark per class for e-filing. It must be filed within 6 months of the assignment date under Trade Marks Rules, 2017, Rule 68.
Form TM-24 records assignment of a pending trademark application (not yet registered). The government fee is ₹5,400 per mark per class for e-filing. Unlike Form TM-23 (for registered marks), TM-24 applies when the trademark application is still under examination or awaiting registration at the Trademark Registry.
Form TM-P is an application to the Registrar for directions regarding recording of assignment or transmission. It is used when assignment involves complex situations or when the Registrar's approval is needed before recording. Government fee is ₹5,400 for e-filing. Form TM-P complements Forms TM-23 and TM-24 in the assignment process.
Section 40 of the Trade Marks Act, 1999 restricts trademark assignments that create consumer confusion. If an assignment results in multiple persons having exclusive rights to similar marks for similar goods or services, the Registrar can refuse to record it. This provision protects public interest and prevents deceptive trademark practices.
Under Section 45 of the Trade Marks Act, 1999, an unrecorded trademark assignment is inadmissible as evidence of title before the Registrar or in any court proceedings. The assignee cannot enforce trademark rights, file opposition proceedings, or apply for renewal until the assignment is formally recorded using Form TM-23 or TM-24.
Yes, trademark ownership transfers through inheritance or succession under Section 44 of the Trade Marks Act, 1999. This is classified as transmission by operation of law. Legal heirs must file Form TM-23 with death certificate, will or succession certificate, and identity proof within 6 months to record the transmission.
A trademark assignment deed is the legal document that records the transfer of trademark ownership between assignor and assignee. It must be executed on stamp paper (₹100 to ₹500 depending on state), include trademark registration details, consideration amount, goodwill clause, territory scope, and effective date. Notarisation is recommended but not mandatory.
Complete assignment transfers all rights in a trademark for all goods, services, and territories. Partial assignment transfers rights for specific goods/services (by class) or specific geographic territories only. Under Section 38, partial assignment by goods or territory is legally valid for registered trademarks, allowing the assignor to retain remaining rights.
Transfer trademark ownership through 6 steps: (1) draft assignment deed on stamp paper, (2) execute deed with both parties' signatures, (3) file Form TM-23 (registered) or TM-24 (pending) on IP India portal, (4) pay ₹5,400 government fee per class, (5) Registrar examines and advertises in Trademark Journal, (6) receive updated certificate.
Key documents include: (1) trademark assignment deed on stamp paper, (2) Form TM-23 or TM-24, (3) copy of trademark registration certificate, (4) identity and address proof of assignor and assignee, (5) Power of Attorney (Form TM-48) if filed through agent, (6) NOC from assignor, and (7) board resolution for corporate transfers.
The complete trademark transfer process takes 45 to 90 working days. Deed drafting requires 3 to 5 days, filing and fee payment 1 to 2 days, Registrar examination 30 to 45 days, advertisement in Trademark Journal 15 to 30 days, and certificate issuance 7 to 15 days after journal publication.
Yes, trademark assignment filing is done online through the IP India portal (ipindiaonline.gov.in). Form TM-23 (registered marks) or TM-24 (pending applications) can be filed electronically with digital signatures. The e-filing government fee is ₹5,400 per mark per class, lower than the ₹6,000 physical filing fee.
Under Section 44 of the Trade Marks Act, 1999, trademark assignment must be recorded with the Registrar within 6 months from the date of acquisition. Extensions beyond 6 months can be requested from the Registrar with valid reasons. Failure to record makes the assignment inadmissible as evidence under Section 45.
During a company merger or acquisition, trademark transfer occurs as transmission by operation of law under Section 44. The successor company files Form TM-23 with the NCLT or High Court merger order, certificate of incorporation of merged entity, and board resolutions. Government fee is ₹5,400 per mark per class.
Court approval is not required for voluntary trademark assignments between willing parties. The assignment deed and Form TM-23/TM-24 filing are sufficient. Court involvement is needed only in transmission by operation of law cases (insolvency orders, court-directed transfers). The Registrar examines all assignments for Section 40 compliance.
Yes, trademarks can be assigned from individuals to companies (for example, proprietorship to Pvt Ltd). File Form TM-23 with assignment deed, identity proof of individual assignor, company incorporation certificate, board resolution of assignee company, and pay ₹5,400 government fee. Both registered and unregistered marks qualify for such transfers.
Total trademark transfer cost ranges from ₹11,599 to ₹12,399 for a single mark in one class. This includes professional fees starting at ₹5,999 (deed drafting, filing, follow-up), government fee of ₹5,400 (e-filing), and stamp duty plus notarisation of ₹200 to ₹1,000. Each additional class adds ₹5,400 in government fees.
The government fee for trademark assignment is ₹5,400 per mark per class for e-filing through the IP India portal. Physical filing costs ₹6,000 per mark per class. If a trademark is registered in 3 classes, total government fees would be ₹16,200 (3 x ₹5,400) for e-filing.
Trademark transfer attracts 4 types of tax: (1) GST at 18% on consideration amount (SAC Code 997113), (2) income tax on capital gains (LTCG if held over 24 months, otherwise STCG at slab rates), (3) TDS at 10% under Section 194J of Income Tax Act, and (4) state-specific stamp duty on assignment deed.
Yes, stamp duty applies on trademark assignment deeds under the Indian Stamp Act, 1899. Rates vary by state: typically ₹100 to ₹500 as fixed duty. States like Maharashtra and Karnataka charge higher rates based on consideration value. The deed must be executed on appropriate stamp paper before filing Form TM-23 or TM-24.
GST at 18% applies on trademark assignment transactions under SAC Code 997113 (licensing services for intellectual property). The assignor collects GST on the consideration amount and remits it to the government. Both assignor and assignee should have valid GST registration.
IncorpX's trademark transfer assistance package starting at ₹5,999 includes: free consultation, assignment deed drafting, Form TM-23/TM-24 preparation, NOC drafting, government fee facilitation, online filing on IP India portal, Registrar follow-up, Trademark Journal coordination, certificate procurement, and a dedicated IP attorney. Government fees of ₹5,400 per class are at actuals.
Yes, trademarks can be assigned without monetary consideration as a gift, provided it is properly documented in the assignment deed. The deed should state the transfer is for natural love and affection or similar grounds. GST implications still apply on fair market value. Gift transfers require Form TM-23 filing with ₹5,400 government fee.
The Registrar may reject trademark assignment recording for: (1) Section 40 violation creating consumer confusion with similar marks, (2) incomplete Form TM-23/TM-24, (3) insufficient stamp duty on deed, (4) missing Power of Attorney (Form TM-48), (5) failure to file within the 6-month deadline, or (6) non-payment of ₹5,400 government fee.
Trademark assignment permanently transfers ownership; licensing grants temporary usage rights. In assignment, the assignee becomes the new owner under Sections 37-38. In licensing, the registered user (Section 49) uses the mark for a defined period. Assignment requires Form TM-23; licensing uses Form TM-U. Assignment is permanent; licensing can be terminated.
Trademark transfer changes ownership of a registered or unregistered mark under the Trade Marks Act, 1999 using Form TM-23. Company name transfer involves changing company ownership through share transfer or name change under the Companies Act, 2013. A company name change does not automatically transfer associated trademarks; separate assignment filing is required.
Form TM-23 records assignment of registered trademarks, while Form TM-24 records assignment of pending trademark applications. Both cost ₹5,400 per mark per class for e-filing. TM-23 updates the Register of Trademarks; TM-24 updates pending application records. Use TM-23 after registration is granted and TM-24 before registration.
Yes, under Section 38 of the Trade Marks Act, 1999, partial assignment by goods or services classes is legally valid. For example, a trademark registered in Classes 25 (clothing) and 35 (retail) can be assigned for Class 25 only. Separate Form TM-23 filings with ₹5,400 per class are required for each partial assignment.
Trademark transfer applications are filed online through the IP India portal (ipindiaonline.gov.in) regardless of location. The Trademark Registry office with jurisdiction depends on applicant's principal place of business: Mumbai, Delhi, Kolkata, Chennai, or Ahmedabad. E-filing costs ₹5,400 per class; physical filing costs ₹6,000 per class.
India has 5 Trademark Registry offices: Mumbai (head office), Delhi, Kolkata, Chennai, and Ahmedabad. Jurisdiction is based on the applicant's principal place of business. Businesses in western states file at Mumbai; northern states at Delhi. E-filing through ipindiaonline.gov.in is processed by the appropriate Registry automatically.
Yes, trademark transfer can be filed online from any city through the IP India portal (ipindiaonline.gov.in). E-filing with ₹5,400 government fee per class eliminates the need to visit a physical Trademark Registry. Professional services like IncorpX assist with the entire process remotely, including deed drafting and Form TM-23/TM-24 filing.
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