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All servicesTrademark Assignmentहिन्दी

Transferring a Trademark When a Business Changes Hands

The deal closes, the deed gets signed, everyone moves on. Nobody files Form TM-P. Eighteen months later the buyer discovers they cannot renew the mark, cannot sue an infringer, and cannot even produce the deed as proof of title. The seller is still the registered proprietor.

3 to 6 months delivery
CA-led team
50% upfront, 50% on delivery

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Transparent 3-tier pricing

Pick the speed and depth that matches your need. Same quality, same CA team — only the timeline changes.

starter

7,99911,999

Timeline: Filing plus follow-through

TM-P recordal, one mark
Deed review before filing
Registry follow-through to record update
Assignment deed drafting
Stamp duty computation for your state
Up to 5 marks
Section 42 directions and advertisement
Pending application transfers via TM-M
MOST POPULAR

standard

17,99923,999

Timeline: Filing plus follow-through

TM-P recordal, up to 5 marks
Deed review before filing
Registry follow-through to record update
Assignment deed drafting
Stamp duty computation for your state
Section 42 directions and advertisement
Full portfolio transfer, unlimited marks
Pending application transfers via TM-M

pro

39,99952,999

Timeline: Full portfolio transfer

Full portfolio transfer, unlimited marks
Deed review and drafting
Stamp duty computation for your state
Section 42 directions and advertisement
Pending application transfers via TM-M
Cross-border FEMA and valuation support
Form 15CA and 15CB on remittance
Registry follow-through to record update

Government fee — paid by you at actuals

Form TM-P is ₹9,000 per mark by e-filing. A pending application transfers on Form TM-M at ₹900 per mark instead — filing the wrong form gets the application returned. Stamp duty on the assignment deed is payable under your State Stamp Act at the applicable rate. All of it is paid at actuals.

Every price above is a professional fee, excluding GST and government charges. 50% on delivery.

All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.

How it works

Step 1

Review the deed

Before anything is filed. Whether goodwill transferred with the mark decides which route applies, and an unstamped deed is not admissible in evidence.

Step 2

Stamp it correctly

Duty computed under your State Stamp Act. An under-stamped deed surfaces as a problem at exactly the moment you need to prove you own the brand.

Within 6 months

File TM-P

Section 45 requires the person entitled to apply to register their title within six months of the assignment taking effect. The Registrar may extend, but beyond that it becomes discretionary and slow.

Follow-through

Until the record changes

The job is not done when the form is filed. It is done when the register shows the new proprietor.

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Documents required

Executed assignment deed, properly stamped
Registration certificates for every mark being transferred
Application numbers for any pending applications in the portfolio
Board resolutions of assignor and assignee authorising the transfer
Constitutional documents of both parties
Details of whether goodwill transferred with the mark
Valuation support, where a non-resident is involved
Power of attorney in Form TM-48 for the new proprietor

Why CorporateWalla®?

You cannot renew without it

Only the registered proprietor can renew a mark. If a renewal falls due while the assignment is unrecorded, the buyer is locked out and the mark can lapse entirely. This is the one that actually loses marks.

You cannot enforce without it

Only the registered proprietor can sue for infringement under Section 29. Until the record changes, an infringer is the seller’s problem, not yours.

You cannot prove title without it

Section 45(2) says that until an application under Section 45(1) is made, the deed is not admitted in evidence as proof of title in any proceeding, unless the Registrar or court directs otherwise.

Buying a brand without the business

Section 42 says an assignment without goodwill SHALL NOT TAKE EFFECT unless the assignee obtains the Registrar’s directions on advertisement and advertises as directed. Not "should". It is the most commonly skipped step in a gross assignment.

Pending applications use a different form

TM-M at ₹900 per mark, not TM-P. Filing the wrong one gets the application returned, and it is a common error in a portfolio transfer covering both.

Cross-border needs the tax layer too

Transferring IP out of India is a capital account transaction with FEMA implications and needs supportable valuation, with withholding and Form 15CA and 15CB on remittance. We handle the recordal and the tax side together.

Frequently asked questions

Six months from the date the assignment takes effect, under Section 45. The Registrar may extend on application.

Trademark Assignment in major cities

Pan-India coverage — we serve 13+ Tier-1 cities and growing

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