A trademark is a business asset — it can be bought, sold, merged or inherited — but the change of hands only takes full effect once it is recorded with the Trademark Registry. Skip the recordal and the register still shows the old owner, which undermines enforcement and future dealings.
Two ways ownership changes are recorded
- Assignment or transmission of the trademark (a transfer to a new owner), and
- Change of proprietor name (the same owner, under a new name).
Four common scenarios
- A direct sale of the mark from one company to another.
- A merger that forms a new entity.
- A merger where one company absorbs another.
- A change in a partnership structure.
Each requires the register to be updated so it reflects the true current owner.
What recording an assignment needs
- A specific monetary value (consideration) assigned to the trademarks. A nominal or missing value causes problems, including on stamp duty.
- Proper stamp duty. This varies by state — for example, 7% in Tamil Nadu. For a global assignment that happens to include Indian marks, use an India-specific consideration clause so stamp duty is charged only on the Indian value, not the worldwide deal.
- A stamped, notarised assignment deed listing the trademark application/registration numbers and the consideration.
- An affidavit from the assignee confirming there is no litigation regarding ownership in India.
Indicative official fees
Recordal is filed on Form TM-P. Indicative fees:
- ₹9,000 per registered trademark.
- ₹900 per unregistered (pending) trademark.
Fees are revised periodically — confirm the current figures before filing.
Why recordal matters
- Standing to enforce. A recorded owner can act on the mark; an unrecorded assignee may face objections.
- Clean chain of title. Investors, acquirers and licensees will check the register — gaps in the ownership chain slow or derail deals.
- Renewals and notices. Registry correspondence goes to the recorded proprietor, so an out-of-date record risks missed deadlines.
Frequently asked questions
Do I have to record a trademark assignment in India? Yes. Until the assignment is recorded on Form TM-P, the register shows the old owner, which weakens the assignee’s ability to enforce and deal with the mark.
How much stamp duty applies to a trademark assignment? It depends on the state — for instance 7% in Tamil Nadu — charged on the consideration; global deals should isolate the Indian value.
What documents are needed? A stamped, notarised assignment deed with the mark numbers and consideration, plus an assignee affidavit confirming no ownership litigation in India.
What are the recordal fees? Indicatively ₹9,000 per registered mark and ₹900 per unregistered mark on Form TM-P, subject to current official rates.
Useful official resources
- The Trade Marks Act, 1999
- IP India trademark e-filing portal