Trademark Transfer
Need to record a change in trademark ownership — by sale, merger, succession or restructuring? We record the transfer with the Registry so the register reflects the rightful owner.
Quick answer
Whatever caused the ownership to move — sale, merger, amalgamation, succession or restructuring — section 45(1) requires the person becoming entitled by assignment or transmission to apply to register their title, and the Registrar to register them and enter the particulars. The recordal is Form TM-P at ₹10,000 physical / ₹9,000 e-filing, per mark. The reason to do it promptly is section 45(4): until the application is filed, the transmission is ineffective against a person acquiring a conflicting interest without knowledge of it.
Applies to: Trade Marks Act, 1999 as consolidated on 1 June 2026, read with the Trade Marks Rules, 2017. First Schedule fees as published by IP India and read on 19 August 2026.Jurisdiction: India — Office of the Controller General of Patents, Designs and Trade Marks (IP India)Sources checked: 2026-08-19
Starts at
₹3,999
+ GST | government fees, hearing fees and additional filings vary by class, applicant type, objections and oppositions
Timeline
Recordal subject to Registry
Documents
Proof of transfer + mark details
Record ownership change
Sale, merger or succession
TM-P recordal
Accurate register
Pricing
Record a trademark transfer
We handle the recordal of an ownership change with the Registry. Government fees and stamp duty (if a deed) are separate.
Transfer Recordal
Update the owner
+ GST | government fees, hearing fees and additional filings vary by class, applicant type, objections and oppositions
- Document review
- TM-P recordal
- Supporting-proof handling
- Status tracking
Prices are professional fees and indicative. Government fees, stamp duty, DSC, PAN/TAN, state charges and third-party costs are extra and may change. A final engagement summary separates each component before payment.
Overview
What is Trademark Transfer?
A trademark transfer records a change in the ownership of a trademark on the Registry's records. The change might arise from a sale (assignment), a merger or amalgamation, inheritance/succession, or a corporate restructuring.
Whatever the cause, the new owner should record the transfer (form TM-P) with supporting proof so the register shows the correct proprietor — which matters for enforcement, renewals and future dealings.
"Should" understates it — section 45(1) says "shall". The sub-section, as substituted by Act 40 of 2010 with effect from 8 July 2013, covers a person becoming entitled by assignment or transmission, and requires them to apply in the prescribed manner to register their title, on which the Registrar shall register them as proprietor and cause the particulars to be entered. Section 45(2) limits the Registrar to requiring further evidence of title "only where there is a reasonable doubt about the veracity of any statement or any document furnished" — so a clean set of documents should not attract a query. Section 45(3) allows a refusal to record where validity is in dispute, until a competent court determines the rights.
The consequence of not recording is precise, and it is not what people expect. Section 45(4): "Until an application under sub-section (1) has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission." The transmission is not void, and it is not undone. It simply does not bind a later bona fide acquirer of a conflicting interest. That is a diligence problem and a financing problem long before it is a litigation problem — and it is why the recordal belongs in the closing checklist rather than the follow-up list.
Rights may pass automatically; the register does not update automatically. A scheme of amalgamation or a succession can vest the mark in the new holder as a matter of the underlying law. Section 45 is a separate obligation about the register, and section 28(1) gives the exclusive right to the registered proprietor, with section 31(1) making the registration prima facie evidence of validity. Until the entry is changed, the person who can most easily prove title is the one named on it.
We review the underlying documents and file the recordal so ownership is officially updated. Where the change arises from a sale documented by deed, trademark assignment covers the deed and the goodwill structuring that goes with it — including the section 42 condition that applies where the assignment is made without goodwill.
Is it for you?
Who needs it — and who doesn't
Recommended if
- New owners after a sale, merger or restructuring
- Heirs/successors to a trademark
- Companies consolidating IP after an acquisition
- Anyone whose registered mark shows the wrong owner
May not be needed if
- Owners with no change in ownership
- Those licensing the mark rather than transferring it
Benefits
Why it's worth doing right
Correct owner on record
Enforcement, renewals and deals all depend on the register showing the right proprietor.
Clean IP for due diligence
Accurate ownership records matter in fundraising and acquisitions.
Eligibility
Eligibility & key conditions
- A trademark whose ownership has changed
- Proof of the transfer (deed, merger order, succession proof)
Documents
Documents required
What we need
- Trademark details
- Proof of transfer (assignment deed / merger order / succession proof)
- New owner details
Process
A clear path from start to filed
Costs
Fees & cost breakdown
| Cost component | Indicative amount |
|---|---|
| Government fee — register a subsequent proprietor on assignment or transmission (TM-P, s.45)First Schedule, Form TM-P. Charged per mark, so a portfolio recordal multiplies across the marks involved | ₹10,000 physical / ₹9,000 e-filing, per mark |
| Government fee — change of name or description under s.58First Schedule, Form TM-P. This is the route where the proprietor is the same legal person under a new name, rather than a new owner | ₹2,000 physical / ₹1,800 e-filing |
| Government fee — change of address or address for service under s.58First Schedule, Form TM-P | ₹1,000 physical / ₹900 e-filing |
| Professional feeOur charge for document review and the recordal. Plus GST | From ₹3,999 |
| Stamp dutyA State levy on the instrument, not a Registry fee. A transmission by court order or by operation of law is treated differently from a deed | If a deed applies, State-wise |
Pick the right instrument before paying for the wrong one. A genuine change of owner is the section 45 recordal at ₹9,000 e-filing per mark. A rename of the same legal person is something else entirely — a section 58 correction at ₹1,800. Getting that wrong is the most common way a simple recordal becomes an expensive one. Government figures are from the First Schedule to the Trade Marks Rules, 2017, read on 19 August 2026; no GST applies to them.
Deliverables
What you receive on completion
After this filing
What you need to stay compliant next
Maintain the mark
Keep renewals current under the new owner and update contracts and branding. Renew after the proprietor has been updated, never before — a renewal filed against the old name leaves the register inconsistent with the deal documents.
Sweep the whole portfolio
The section 45 fee is per mark, so it is tempting to record only the important ones. The section 45(4) exposure is also per mark. Whatever is left unrecorded is what a later acquirer of a conflicting interest is not bound by.
Check whether it is a transfer at all
If the same legal person simply changed its name, the route is a section 58 correction of the register at ₹1,800 e-filing, not a section 45 recordal at ₹9,000. Section 58 lets the registered proprietor apply to correct an error in the name, address or description, enter a change in any of them, cancel the entry, or strike out goods or classes.
Keep using the mark
Section 47(1)(b) allows removal on the application of a person aggrieved where there has been no bona fide use for a continuous period of five years or longer, running from actual entry in the register and measured to three months before the application. A mark acquired and then shelved is exposed — though section 56(1) treats use on goods for export, or on services for use outside India, as use for the purposes for which use is material under the Act.
Avoid delays
Common mistakes & reasons for rejection
Common mistakes
- Not recording the transfer — section 45(1) says the person becoming entitled shall apply, in mandatory terms, and section 45(4) leaves an unrecorded transmission ineffective against a later acquirer without knowledge
- Assuming a merger updates the register — the rights may pass under the scheme, but the entry does not change until the section 45 application is filed
- Using a section 45 recordal for what is really a change of name of the same legal person, where section 58 is the cheaper and correct route
- Insufficient proof of the ownership change — section 45(2) lets the Registrar require further evidence where there is a reasonable doubt
- Forgetting to update related marks — the fee is per mark and so is the exposure
- Missing renewals during transition, or renewing before the proprietor is updated
Why filings get rejected or delayed
- Title not made out on the documents, where section 45(2) allows the Registrar to require further evidence on a reasonable doubt
- Validity of the transmission disputed — section 45(3) allows a refusal until a competent court determines the rights
- Supporting proof that does not match the entity named in the application
Risks
Penalties & risks of getting it wrong
Ineffective against a later acquirer
Section 45(4) provides that until the section 45(1) application is filed, the assignment or transmission is ineffective against a person acquiring a conflicting interest in or under the registered trade mark without knowledge of it. That is the whole risk of leaving a recordal on the to-do list, and it is a risk that grows with the value of the mark.
Enforcing from the wrong name
Section 28(1) confers the exclusive right on the registered proprietor and section 31(1) makes the registration prima facie evidence of validity. Where the register still shows the transferor, the transferee is proving title from documents rather than from the register — which is slower, more expensive and entirely avoidable.
AI-powered assistance
AI does the heavy lifting. Experts make the call.
AI assists with checks, drafting and explanations only. A qualified professional reviews every defined checkpoint and the final filing before submission. AI does not make consequential compliance decisions on its own.
Update your trademark's owner
We record the transfer with the Registry so the register reflects the rightful owner — essential for enforcement and deals.
Compare
Trademark Transfer vs Trademark Assignment
| Factor | Trademark Transfer | Trademark Assignment |
|---|---|---|
| Scope | Any ownership change (sale, merger, succession) | Specifically a sale/transfer by deed |
| Document | Recordal with the relevant proof | Assignment deed + recordal |
Why MyFinancialAdvisory
A more accountable way to stay compliant
Quality & accountability
Reviewed by compliance experts
Every trademark transfer engagement is prepared with structured checks and signed off by qualified professionals before anything is filed — speed without sacrificing accuracy.
Reviewed by
Reviewed by MyFinancialAdvisory IP Team
Trademark & IP review
Our trademark and IP work is prepared with AI-assisted searches and checks and reviewed by professionals experienced in trademark prosecution, objections and oppositions before anything is filed.
Structured document checks
Documents and eligibility follow structured checks before expert review.
Expert-reviewed before filing
A qualified professional signs off every defined checkpoint.
Compliance-safe guidance
Advice mapped to current rules — no shortcuts, no guesswork.
Resources
Related guides & reading
Keep exploring
Hub
Trademark & IP protection
Search, file, defend and renew your brand and IP with expert review.
Service
Trademark Assignment
Transfer ownership of a trademark, with or without goodwill.
Service
Trademark Registration
Search, file and track your ™ to ® with expert review.
Service
Trademark Renewal
Keep your registered mark alive every 10 years.
Service
Trademark Rectification
Cancel or correct a wrongly registered mark.
FAQs
Trademark Transfer — frequently asked questions
What is a trademark transfer?
Recording a change in the ownership of a trademark on the Registry — arising from a sale, merger, succession or restructuring — so the register shows the correct proprietor.
How is transfer different from assignment?
Assignment is specifically a sale/transfer by deed. 'Transfer' more broadly covers any ownership change, including by merger or inheritance, recorded with the appropriate proof.
Why must I record a transfer?
So the register reflects the new owner — which is essential for enforcement, renewals and any future sale or licensing.
What proof is needed?
The document evidencing the change — an assignment deed, a merger/amalgamation order, or succession proof — depending on how ownership changed.
Does a company merger transfer trademarks automatically?
The rights may pass under the merger, but you still need to record the change with the Registry so the proprietor is updated.
How long does it take?
Document review and filing take a few days; the Registry's update timeline varies.
Is stamp duty payable?
If the transfer is by a deed (like an assignment), stamp duty applies by state. Some transfers (e.g. by court order) differ.
What do I receive?
The filed TM-P recordal and the updated ownership on the register.
References
Official sources
- Trade Marks Act, 1999 (Act 47 of 1999), consolidated bare Act as on 1 June 2026 — India Code
- Trade Marks Rules, 2017 — full rule text, IP India
- First Schedule to the Trade Marks Rules, 2017 — forms and official fees, IP India
- IP India e-Register — the official register of trade marks
- Trade mark application and registration status, IP India
Rules, fees and due dates change by notification. Confirm the current position on the official portal before you act.
Ready to get trademark transfer done?
Start with a quick conversation. We’ll confirm scope, documents, fees and the next deadline.