What can be assigned
Under Section 38 of the Trade Marks Act, 1999, a registered trade mark can be assigned with or without the goodwill of the business, for all or some of the goods or services it covers. Section 39 allows an unregistered mark to be assigned too, with or without goodwill. Pending applications can be assigned and continued by the new owner.
List each mark precisely: the word or logo, application or registration number, class, goods or services and current status. Check the Registry record before signing so the schedule matches it.
With goodwill or without goodwill
An assignment with goodwill transfers the mark along with the business reputation attached to it. An assignment without goodwill transfers only the mark for the goods or services stated. Where a mark is assigned without goodwill and it is in use for goods or services, Section 42 requires the assignee to apply to the Registrar for directions on advertising the assignment within six months, or any extended period allowed. Failing to do so can make the assignment ineffective in relation to those goods or services.
Recording the assignment
Section 45 requires the new owner to apply to the Registrar to be registered as proprietor. Until recorded, the assignee’s position is weaker, and the Registry and others may continue to treat the assignor as owner. The request is made online through IP India with the prescribed form and fee in force at the time. Attach a stamped copy of the signed assignment.
Avoid assignments that would create multiple owners using identical or similar marks for the same goods in a way likely to cause confusion, because the Act restricts these.
Frequently asked questions
Can I assign a trademark that is still pending?
Yes. A pending application can be assigned, and the new owner can continue it after the change is recorded.
Do I need to tell the Registry?
Yes. Under Section 45 the new owner should apply to be recorded as proprietor, attaching the signed and stamped deed.
What changes if goodwill is not transferred?
For marks in use, Section 42 requires the assignee to seek the Registrar’s directions on advertisement within six months.
Is stamp duty payable?
Yes, as an assignment under the applicable State Stamp Act. Rates vary by State.
Are my edits saved?
No. Edits reset when you leave the builder. Download your copy first.
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Official sources
This page gives general information, not legal advice. Forms, fees and timelines are set by each State and can change — confirm on your State portal before applying.