StampMitra - Digital LegalTech, Virtual Office & Compliance Platform

Trademark Assignment: Record the New Owner

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.

How a trademark changes hands

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).

What you are recording decides the route

The Registry uses Form TM-P for all of these. The first question on the order form picks the route.

  • A sale or gift, with goodwill
  • A sale without goodwill
  • A transfer by law
  • A change of name
  • A change of address
  • A pending application

The time limits that apply

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.

  • Ordinary transfer with goodwill: No fixed deadline; until recorded, the deed is not proof of title
  • Transfer without goodwill: apply for advertisement directions: Within 6 months of the assignment, and up to 3 months more if the Registrar
  • After a Registrar's certificate or approval where two owners would result: Apply to record within 6 months of the certificate or approval
  • Change of address: "Forthwith"
  • Registrar disposes of a Form TM-P application: Ordinarily within three months

Government fees and our fee

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.

  • Recording a new owner (section 45): ₹9,000
  • Registrar's certificate or approval (sections 40(2) and 41) and advertisement directions (section 42): ₹2,700
  • Extension of time under section 42, consent for a certification mark (section 43), change of name (section 58): ₹1,800
  • Change of address, or of the address for service: ₹900
  • StampMitra fee: Quoted after review

What we need after you order

No identity number is typed on the order form. We collect papers securely after payment.

  • Registration certificate or filing receipt
  • Authorisation in Form TM-M, prepared by us and signed by the applicant

How we record the change

Mistakes that delay or defeat a transfer

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.

  • 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.
  • Using too little stamp paper. An under-stamped deed is impounded.
  • Selling only the name and calling it a sale with goodwill. Without goodwill the 6-month step applies, and the transfer does not take effect
  • Leaving the seller with a similar mark. Two owners of one brand are restricted.
  • Forgetting associated marks. They move together.
  • Ignoring renewal. A mark that is due or overdue for renewal should be renewed, in the new owner's name once it is recorded.

What StampMitra does for you

StampMitra is a filing assistance platform. It is not the Registry and not a law firm. We do not draft the assignment deed.

  • Checks before filing
  • Form TM-P preparation and filing
  • Tracking

How it works

  1. Pick what is changing A sale, a transfer by law, or a change of name or address.
  2. Check the register The mark should be registered, in force, and show the seller exactly as on the deed.
  3. Get the deed signed and stamped For a sale or gift.
  4. Share documents after payment The deed or order, the certificate and the authorisation.
  5. We file Form TM-P And track until the register is updated.

Frequently asked questions

Do I need a signed assignment deed first?

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.

Is there a deadline to record a transfer?

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).

What is the difference between assignment and transmission?

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.

What does "with goodwill" mean?

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.

Can I assign only some of my goods or services?

The Act allows it, but it can leave two owners of similar marks, which is restricted. Our team reviews a partial assignment before filing.

Can a pending application be assigned?

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.

What if the mark was never applied for?

There is nothing on the register to record. The buyer needs a new application: see Trademark registration.

Can I record a change of my name or address on the same form?

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.

What does it cost?

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.

What if the seller or a payment is outside India?

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.

Do you draft the assignment deed?

No. We check the deed you have and tell you what is missing. Ask a lawyer to draft it if you need one.