Trademark Assignment

Trademark Assignment (TM-P) – Rs 4,500

Trademark assignment is the transfer of ownership of a registered trademark (or pending trademark application) from one person or entity to another. The assignment must be recorded with the Trade Marks Registry using Form TM-P. FinLegit handles complete trademark assignment for Rs 4,500.

Types of Assignment

• Assignment with goodwill: The transferee can use the trademark for the same goods/services as the original owner – more common and preferred
• Assignment without goodwill: The transferee cannot use the trademark for the specific goods/services associated with the original owner

Process

1. Draft Trademark Assignment Agreement between assignor and assignee
2. Execute agreement with appropriate stamp duty as per state rates
3. File Form TM-P on IP India portal within 6 months of execution (extension available)
4. Assignment recorded in the register of trademarks
5. Certificate of registration updated with new owner name

FAQ

Is trademark assignment taxable? Assignment of a trademark is treated as transfer of a capital asset. Capital gains tax implications apply depending on the consideration and holding period. Consult your CA for tax advice.

Can a trademark application be assigned before registration? Yes. Both registered trademarks and pending applications can be assigned.