Table of Contents
Trademark Transfer Services – ND Salva & Associates
Seamlessly Transfer Your Brand Rights with Legal Precision
A trademark is a valuable business asset, representing your brand’s identity, reputation, and market recognition. In the dynamic world of business, there may arise situations where you need to transfer your trademark ownership — whether through sale, succession, corporate restructuring, or legal mandates. This legal process is formally referred to as Trademark Assignment.
At ND Salva & Associates, we specialize in assisting individuals, companies, and startups with end-to-end trademark transfer services. Our experienced legal team ensures that the assignment complies with the Trademarks Act, 1999, and protects your rights during every step of the process.
What is Trademark Assignment?
Trademark Assignment refers to the legal transfer of ownership of a trademark from one party (the assignor) to another (the assignee). This transfer can be complete or partial, with or without the goodwill associated with the business.
Under Section 37 of the Trademarks Act, 1999, a trademark owner has the legal right to assign the trademark and associated rights to another party, subject to the terms of the Act.
Common Scenarios for Trademark Transfer
Trademark transfers can occur in a variety of circumstances:
Inheritance/Succession – After the death of a trademark owner, rights may transfer to heirs or legal representatives.
Sale of Business – When a company is sold, its trademarks may be assigned as part of the business transaction.
Standalone Trademark Sale – A trademark may be sold independently without selling the business itself.
Business Restructuring – During mergers, demergers, or changes in business structure.
Change in Name or Legal Structure – Requires updating trademark ownership records.
Court-Ordered Assignment – In disputes where the court mandates ownership change.
Business Acquisitions – The buyer acquires the business along with its trademarks and goodwill.
Key Benefits of Trademark Assignment
- Monetize Brand Equity – Convert your brand’s value into tangible returns
- Expand Market Reach – Assigned trademarks enable business expansion through partnerships or acquisitions
- Protect Legal Rights – Clearly defined ownership reduces risk of future disputes
- Strengthen Brand Position – Transfers can consolidate brand portfolios
- Leverage Licensing Opportunities – Assignments can enable exclusive or limited licensing for growth
Types of Trademark Assignment
There are four recognized types of trademark assignments in India:
1. Complete Assignment
Transfer of all rights and ownership related to the trademark, including the right to further assign, license, or use.
2. Partial Assignment
Only certain rights or products/services categories are transferred, while the assignor retains other rights.
3. Assignment With Goodwill
Trademark and associated goodwill (reputation, customer base) are transferred. The assignee can use the trademark for the same or similar products.
4. Assignment Without Goodwill (Gross Assignment)
Trademark is transferred without the business reputation, restricting use in ways that would mislead consumers about the origin.
Legal Requirements for Trademark Assignment
To ensure the validity of a trademark transfer, the following conditions must be met:
Written Agreement – Trademark must be assigned through a legally binding, written agreement
Clear Parties – Assignor (current owner) and Assignee (new owner) must be clearly identified
Mutual Consent – There must be clear intent and agreement from both parties
Consideration – The agreement must reflect adequate compensation for the assignment
Clarity on Goodwill – The agreement should explicitly state whether the goodwill is included or excluded
Essential Clauses in a Trademark Assignment Agreement
Your Trademark Assignment Agreement should clearly outline:
Scope of the transfer – whether full or partial
Inclusion or exclusion of goodwill
Territorial scope – India, international, or specific regions
Right to sue for past and future infringements
Consideration details (payment terms)
Signatures of both parties and witnesses
Date and place of execution
Legal heirs clause – whether binding on successors
We ensure your agreement is legally sound, stamp duty compliant, and notarized as required under law.
Restrictions on Trademark Assignments
Under the Trademarks Act, 1999, certain limitations apply:
Parallel Use Restriction
Assignment is prohibited if it results in multiple parties holding rights to similar marks for similar goods/services, creating confusion in the market.
Territorial Rights Restriction
An assignment that creates exclusive rights in different regions of India for similar goods/services is also not permitted.
Trademark Assignment Process in India
We handle the complete process for you, from agreement drafting to registration:
Step 1: Draft the Assignment Agreement
Our legal team prepares a tailored, compliant agreement for the trademark transfer.
Step 2: File Application with Registrar
File Form TM-P (earlier TM-23/24) with the Trademark Registry, along with:
Trademark certificate
Assignment agreement
NOC from the assignor
ID proofs of both parties
Deadline: File within 6 months of assignment date (extendable with additional fee).
Step 3: Registrar’s Review & Advertisement
The Registrar may direct you to publish the assignment in a trademark journal or newspaper. A copy of the advertisement must be submitted back to the Registrar.
Step 4: Registration of Assignee
Once approved, the assignee is registered as the new trademark owner, and the transfer is reflected in the official Trademark Register.
Documents Required for Trademark Transfer
Executed Trademark Assignment Agreement
Copy of Trademark Registration Certificate
No Objection Certificate (NOC) from the Assignor
Valid ID and address proof of both Assignor and Assignee
Power of Attorney, if filed by a legal representative
Form TM-P and Government Fee Receipt
Why Choose ND Salva & Associates for Trademark Assignment?
- Experienced IP Lawyers – Our team specializes in trademark law and assignments
- Tailored Legal Drafting – Agreements customized for your business goals
- Full Compliance Support – From application to Registrar communication
- Timely Execution – Avoid penalties or rejection with professional assistance
- Client-Focused Approach – Transparent process and legal clarity at every step
Start Your Trademark Transfer with ND Salva & Associates
Whether you’re assigning a trademark as part of a business sale, inheritance, or rebranding, our legal experts ensure the transfer is legally valid, enforceable, and strategically sound.
