A trademark transfer refers to the legal process where ownership of a registered or unregistered trademark is transferred from one person or entity to another. This transfer can happen either through an assignment or licensing agreement, allowing the new owner to use or own the brand identity rights associated with the mark.

In India, trademark transfers are governed by the Trade Marks Act, 1999 and require official documentation and procedures to make the transfer legally valid and enforceable.

• Complete Assignment: Transfer of all rights (with or without goodwill).
Partial Assignment: Rights transferred for specific products, services, or regions.
• Assignment with Goodwill: Rights and associated reputation transferred.
• Assignment without Goodwill: Only rights transferred; original owner retains business reputation.

In licensing, the trademark owner permits another party to use the mark without transferring ownership. It allows commercial use under certain terms and conditions while the licensor retains ownership.

• Common types of licensing:
Exclusive License: Only one licensee has rights to use the trademark.
Non-Exclusive License: Multiple licensees can use the trademark.
Sub-license: Allows the licensee to further grant licenses to others.
Assignment without Goodwill: Only rights transferred; original owner retains business reputation.

• Section 37: The owner has the power to assign and transfer ownership.
• Section 38: Details the types of assignments.
• Section 39: Covers conditions where goodwill is or isn’t transferred.
• Section 40 & 41: Restrictions on assignments creating multiple exclusive rights.
• Section 42: Publication requirements for assignments without goodwill.

• The trademark transfer process involves several steps:
• Step 1: Draft an Assignment or Licensing Agreement

  Prepare a legally binding document detailing the transfer terms, scope of rights, goodwill (if any), and payment consideration.

  Step 2: Apply for Transfer with the Trademark Registry

  Submit Form TM-P (for registered trademarks) or Form TM-M (for pending applications) to the Indian Trademark Registry.

  Step 3: Submit Supporting Documents
• Along with the application, submit:
Certified copy of the Assignment/License Agreement
Original Trademark Registration Certificate (if registered) Agreement
NOC from the assignor (if applicable) Agreement
Power of Attorney, if filing through a representative Agreement
Step 4: Pay Government Fees
• The official fee for trademark transfer application is:
₹9,000 per mark per class for physical filing

₹4,500 per mark per class for e-filing

Step 5: Registrar's Review and Publication

The Registrar reviews the application and may publish it in the Trademarks Journal if required (especially in cases of assignments without goodwill).

Step 6: Registration of Transfer

Once accepted, the new owner's name is updated in the Trademark Register, and an official certificate is issued.

• Duly executed Assignment or Licensing Agreement
• Trademark Registration Certificate (if applicable)
• Form TM-P or TM-M
• No Objection Certificate (NOC) from assignor
• Power of Attorney (if applicable)
• Government fee payment receipt
• Proof of business operation and goodwill (if transferred)

Yes — even unregistered trademarks (marks pending registration or in use) can be transferred through an assignment agreement. However, such transfers should ideally be registered with the Trademark Registry for legal enforceability.

• Legally protects brand ownership rights
• Helps monetize intangible brand assets
• Enables franchising or business expansion rights
• Legally secures mergers and acquisitions
• Offers flexibility for business restructuring

• Visit ipindia.gov.in
• Go to ‘Trademarks Application/Registration’
• Click ‘National/IRDI Number’
• Enter your application number and captcha
• View the application status online