A registered mark can be sold, gifted, inherited or merged into another business. Until the new owner is recorded on the register, the deed is not accepted as proof of title. A change of the owner's name or address is recorded on the same Form TM-P. StampMitra checks the transfer, prepares the form and files it. We are a filing assistance platform, not the Registry and not a law firm.
The person on the register as proprietor can assign a mark (section 37). A registered mark can be assigned with or without the goodwill of the business, and for all or only some of its goods or services (section 38). An unregistered or pending mark can also be assigned (section 39). Someone who becomes entitled to a registered mark by assignment or transmission applies to be registered as proprietor on Form TM-P, with a certified copy of the deed and a statement of case (section 45; rules 75 and 76).
The Registry uses Form TM-P for all of these. The first question on the order form picks the route.
A transfer that would leave two owners of the same or a similar mark, or split the mark between places in India, is restricted (sections 40 and 41), and associated marks can be assigned only as a whole (section 44). Our team reviews these cases before filing.
First Schedule of the Trade Marks Rules, 2017, e-filing, as shown on the IP India fee page on 25 October 2026. There is no startup or small-enterprise concession on Form TM-P.
No identity number is typed on the order form. We collect papers securely after payment.
Signing a deed before checking the register. The seller on the deed must be the owner on the register, with the same name and address.
StampMitra is a filing assistance platform. It is not the Registry and not a law firm. We do not draft the assignment deed.
Yes, for a sale or gift. The transfer is recorded on the basis of a signed, stamped deed between the old and the new owner. If you do not have one yet, tell us and we explain how to get it made.
Not for an ordinary transfer with goodwill, but until it is recorded the deed is not accepted as proof of title (section 45(2)). A transfer without goodwill has a 6-month limit to apply for the Registrar's advertisement directions (section 42).
An assignment is a transfer by a deed, such as a sale or a gift. A transmission is a transfer by law, such as a merger, a demerger or the owner's death. Both are recorded on Form TM-P.
Selling the whole business or the product line the mark is used on usually carries the goodwill. Selling only the name does not. If you are not sure, we check before filing.
The Act allows it, but it can leave two owners of similar marks, which is restricted. Our team reviews a partial assignment before filing.
Yes, a mark that is only applied for can be assigned. Our team confirms the Registry route for changing the applicant, and quotes this route after review.
There is nothing on the register to record. The buyer needs a new application: see Trademark registration.
Yes. A change of the owner's name or address is recorded on Form TM-P. An address change must be asked for "forthwith", and a company name change needs the ROC certificate.
The government fee is ₹9,000 to record a new owner, ₹1,800 for a change of name and ₹900 for a change of address, on e-filing. Some steps cost ₹2,700 or ₹1,800. Our fee is quoted after we read your answers, and stamp duty on the deed depends on the state.
The Registrar will not record the new owner without any permission the law requires for sending money abroad (rule 79), and a party outside India needs an address for service in India. Tell us and we check before filing.
No. We check the deed you have and tell you what is missing. Ask a lawyer to draft it if you need one.