What is a trademark assignment?

A transfer of ownership of a registered trademark from the assignor to the assignee, recorded on Form TM-P under Rule 75. The assignment may be with or without goodwill.

What is the difference between assignment with and without goodwill?

"With goodwill" transfers the business reputation attached to the mark. "Without goodwill" (s.39) transfers the mark alone - requires prior Registrar consent and a 6-month opposition window in the journal.

What is the government fee for TM-P?

₹1,500 per mark (Rule 75 / First Schedule Item 16). Stamp duty on the deed is separate - varies by state (typically 1% of consideration subject to state caps).

Who must sign the TM-P?

Both assignor and assignee. If signed by the assignee alone, proof of execution by the assignor must accompany (e.g. notarised deed).

Can an unregistered trademark be assigned?

Yes - under s.40, an unregistered trademark can be assigned with or without goodwill, but recording is done via the underlying TM-A transmission, not TM-P.

Is the assignment valid without recording?

Between the parties - yes, by contract. Against third parties - no, until recorded under s.41(2). The assignee cannot sue infringers until recording.

Can a trademark be assigned for only some goods/services?

Yes - partial assignment is permissible under s.38(2). The TM-P must specify the assigned goods/services; the Register entry is amended accordingly.

What about cross-border assignments?

FEMA 1999 compliance is required. FC-TRS filing (within 60 days) if shares are transferred; or FDI compliance if consideration is foreign exchange. Stamp duty under Indian Stamp Act 1899 applies.

Editor's pickStartup · Business RegistrationRoC Thane Jurisdiction

Trademark Assignment & Transfer India | Legal IP Monetization in Thane

Record the transfer of a registered trademark under s.38/39 + Rule 75. File Form TM-P with I-Pro - both assignor & assignee signatures, deed drafting included.

Statutory basis: Trade Marks Act 1999, s. 38 (assignment and transmission), s. 39 (assignment without goodwill — prior consent of Registrar required), s. 40 (assignment of unregistered trademark), s. 41 (effect of assignment).

Turnaround

60 Days

₹

Starts from

₹4,499

Money-back accuracy

Guaranteed

Total starting from

₹4,499

Professional + estimated government fee

Professional fee₹3,499 starts with

Government fee (est.)₹1,000 - ₹9,000 (Thane)

Turnaround60 Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Total starting from

₹4,499

60 Days

Prof: ₹3,499•Govt: ₹1,000 - ₹9,000• Guaranteed

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.

Eligibility & thresholds

Minimum

Individual, startup, or enterprise
Distinctive name, logo, or tagline
Specific Nice classification (Class 1-45)

Maximum

Multi-class filing permitted
Series & collective marks supported
10-year statutory validity per renewal

Statutory floor

50% Govt fee discount for MSME / DPIIT
Section 9 (absolute grounds) clear
Section 11 (relative similarity) clear

What's included

Everything in one transparent fee — no add-ons, no surprises.

Comprehensive TM Search

Deep search across phonetic and visual similarities in IP India trademark database.

Nice Class Specification

Accurate drafting of goods and services specifications under appropriate classes (1–45).

Form TM-A Filing

Official filing on the CGPDTM portal with instant TM application number generation.

Attorney Scrutiny

Formulation and verification by specialized intellectual property advocates.

Status Tracking & Alerts

Real-time tracking of examination reports, journal publication, and objections.

Certificate Issuance

Delivery of official registration certificate with 10-year exclusive legal protection.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Trademark Assignment & Transfer India Statutory Fee	₹1,000 - ₹9,000	Official government fee schedule (separate from professional fee)Statutory Authority
Total Government Fee	₹1,000 - ₹9,000	(for default assumptions stated below)

Fee Component

Trademark Assignment & Transfer India Statutory Fee

Amount (₹)

₹1,000 - ₹9,000

Basis / Authority

Official government fee schedule (separate from professional fee)Statutory Authority

Total Government Fee

₹1,000 - ₹9,000

(for default assumptions stated below)

Government charges only — verified statutory schedule for Thane, Maharashtra. Professional fee separate.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

1
TM-P application signed by both assignor and assignee (or by
TM-P application signed by both assignor and assignee (or by the assignee with proof of execution).
2
Deed of Assignment (trademark assignment deed)
stamped under the Indian Stamp Act 1899 (Article 35 / state stamp schedule).
3
TM-48 authorisation for both parties' agents
Identity and statutory verification
4
Original registration certificate (for endorsement)
Identity and statutory verification
5
Board resolution / partnership authorisation from both parties
Identity and statutory verification
6
Identity and address proof of both parties
Identity and statutory verification

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
Customer⏱ 1-2 Days
(assignor/assignee) instructs I-Pro to record an a...
(assignor/assignee) instructs I-Pro to record an assignment.
2
I-Pro⏱ 1-2 Days
drafts the Deed of Assignment - recitals, consider...
drafts the Deed of Assignment - recitals, consideration, scope (with/without goodwill, partial/general), warranties, indemnities.
3
Customer⏱ 1-2 Days
signs and stamps the deed (state stamp duty) and n...
signs and stamps the deed (state stamp duty) and notarises it.
4
I-Pro⏱ 1-2 Days
prepares TM-P with both parties' signatures and TM...
prepares TM-P with both parties' signatures and TM-48 authorisations.
5
I-Pro⏱ 1-2 Days
files TM-P on the IP India portal and pays the fee...
files TM-P on the IP India portal and pays the fee (₹1,500 per mark per Rule 75).
6
I-Pro⏱ 1-2 Days
examines the TM-P - checks for compliance with s.3...
examines the TM-P - checks for compliance with s.38/s.39/s.41.
7
I-Pro⏱ 1-2 Days
records the assignment in the Register, endorses t...
records the assignment in the Register, endorses the registration certificate, and issues a fresh certificate in the assignee's name.
8
I-Pro⏱ 1-2 Days
delivers the endorsed certificate to the assignee....
delivers the endorsed certificate to the assignee.

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
Form TM-M / TM-R Renewal CGPDTM	`TM-R`	Every 10 years prior to expiry
Statement of Use / User Affidavit Trademark Registry	`Rule 25 Affidavit`	At filing or upon examiner requisition
Response to Examination Report CGPDTM	`MIS-R`	Within 30 days of examination report issue
Form TM-U (Registered User / License) CGPDTM	`TM-U`	Within 6 months of executing license deed
Form TM-P (Change in Name / Address) CGPDTM	`TM-P`	Promptly upon proprietor corporate change

Filing

Form TM-M / TM-R Renewal

CGPDTM

Form

TM-R

Deadline

Every 10 years prior to expiry

Filing

Statement of Use / User Affidavit

Trademark Registry

Form

Rule 25 Affidavit

Deadline

At filing or upon examiner requisition

Filing

Response to Examination Report

CGPDTM

Form

MIS-R

Deadline

Within 30 days of examination report issue

Filing

Form TM-U (Registered User / License)

CGPDTM

Form

TM-U

Deadline

Within 6 months of executing license deed

Filing

Form TM-P (Change in Name / Address)

CGPDTM

Form

TM-P

Deadline

Promptly upon proprietor corporate change

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
Failure to renew within statutory window	Section 25(3) Trade Marks Act	Surcharge fee + restoration fine up to 1 year
Unlawful use of registered symbol (®)	Section 107 Trade Marks Act	Imprisonment up to 3 years and/or statutory fine
Failure to reply to examination objection within 30 days	Section 21 / Rule 33	No extension of time permitted

Non-compliance

Failure to renew within statutory window

Provision

Section 25(3) Trade Marks Act

Penalty

Surcharge fee + restoration fine up to 1 year

Non-compliance

Unlawful use of registered symbol (®)

Provision

Section 107 Trade Marks Act

Penalty

Imprisonment up to 3 years and/or statutory fine

Non-compliance

Failure to reply to examination objection within 30 days

Provision

Section 21 / Rule 33

Penalty

No extension of time permitted

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Proposing a descriptive or generic brand name (Section 9 objection)
Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').
Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
2
Filing without a prior phonetic and visual trademark search
Why: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.
Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
3
Selecting incorrect Nice Class or vague goods specification
Why: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.
Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.

Frequently asked questions

Everything you need to know about this service.

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