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AshuTrustIP & Corporate Law
Trademark

Trademark Assignment and Licensing

A trademark is property. It can be sold, transferred on a business sale, licensed to franchisees, or inherited — but the transfer only binds third parties once it is recorded with the Registry.

  • Assignment deeds drafted and stamped
  • Form TM-P recordal with the Registry
  • Franchise and licensing agreements
  • Registered user applications

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No obligation. We will tell you honestly what you need and what it costs.

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Government fee from
₹9,000
Our fee from
₹6,999
Typical timeline
3–9 months
Overview

Assignment, licensing and why recordal matters

Why it matters

What assignment & licensing gives you

The practical advantages, not the marketing version.

Legally effective transfer

A deed alone is not enough. Recordal on Form TM-P makes the change effective against third parties.

Clean diligence record

Buyers and investors check the register, not your files. An unrecorded assignment is a diligence red flag.

Franchise-ready licensing

Licence agreements drafted with quality-control clauses that protect the mark's validity.

Licensee use counts as your use

A properly structured licence means the licensee's use supports your registration against non-use challenges.

Stamp duty handled

Assignment deeds must be stamped correctly under state law. We calculate and arrange it.

Group restructuring support

Bulk transfers across a portfolio when entities merge, demerge or reorganise.

How it works

The process, step by step

Every stage, with realistic timelines — including the ones that depend on the registry rather than on us.

  1. 12–3 days

    Structure the transaction

    We establish whether you need an assignment with or without goodwill, a licence, or a registered user application — and what that means commercially.

  2. 23–5 days

    Draft the instrument

    Assignment deed or licence agreement drafted with the right recitals, consideration, warranties and quality-control terms.

  3. 32–5 days

    Execution and stamping

    Parties execute the deed and it is stamped at the applicable state rate. We advise on the correct stamp value.

  4. 4Within 6 months

    Recordal with the Registry

    Form TM-P filed with the deed and supporting documents to record the change on the register.

  5. 53–9 months

    Register updated

    The Registry examines and records the change. The new owner appears on the register and receives confirmation.

Documents

What you need to provide

Have these ready and the filing moves quickly. We tell you if anything is missing before we start.

For an assignment

  • Registration or application number of the mark
  • Executed and stamped assignment deed
  • Details of assignor and assignee
  • Board resolutions authorising the transfer, for companies
  • Form TM-48 Power of Attorney from the new owner
  • NOC from the assignor where required

For a licence or registered user

  • Executed licence agreement
  • Affidavit by the proprietor setting out the licence terms
  • Details of the permitted goods or services and territory
  • Quality-control provisions and duration of the licence
  • Form TM-U application for registered user entry
Official fees

Official fees

These are statutory fees payable to the government, separate from our professional fee. We never mark them up.

Fee typeAmount
Recordal of assignment (TM-P) — e-filing₹9,000
Registered user application (TM-U) — e-filing₹4,500
Change of name or address (TM-P)₹900
Stamp duty on assignment deedVaries

Recordal should be applied for within six months of the assignment. Later applications may attract additional fees at the Registrar's discretion.

Our pricing

Transparent professional fees

Fixed fees, quoted upfront. Government fees are charged at cost and shown separately on every invoice.

Deed Drafting

Assignment deed or licence agreement, professionally drafted.

₹6,999per deed
  • Transaction structuring advice
  • Assignment deed or licence drafted
  • Stamp duty calculation
  • Execution guidance
Get startedDeed Drafting plan for Assignment & Licensing
Most chosen

Deed + Recordal

Draft, execute and record — the complete transfer.

₹11,999+ government fee
  • Everything in Deed Drafting
  • Form TM-P filed with the Registry
  • Supporting affidavits prepared
  • Registry queries handled
  • Confirmation of updated register entry
Get startedDeed + Recordal plan for Assignment & Licensing

Portfolio Transfer

Bulk assignment across multiple marks or entities.

Custom
  • Portfolio-wide assignment structuring
  • Bulk deed drafting and recordal
  • Group restructuring support
  • Chain-of-title reconstruction
  • Diligence-ready documentation pack
Request a quotePortfolio Transfer plan for Assignment & Licensing
FAQ

Questions we get asked

If your question is not here, send it over — we answer directly rather than routing you to a form.

What is the difference between assignment with and without goodwill?
With goodwill, the mark transfers together with the underlying business and its reputation — the assignee steps fully into the assignor's shoes. Without goodwill, only the mark for specified goods transfers while the assignor keeps the business. Assignments without goodwill carry restrictions and require care to avoid consumer confusion.
Do I have to record an assignment with the Registry?
It is not a technical validity requirement between the parties, but it is essential in practice. Until recordal, the register shows the old owner — which undermines enforcement, complicates renewal, and shows up immediately in any diligence exercise. Apply within six months of the deed.
Can I license my trademark to a franchisee?
Yes. Franchising runs on trademark licensing. The agreement must include genuine quality-control provisions — without them the licence can be attacked as bare licensing, which risks the mark's distinctiveness and validity.
Does my licensee's use count as use of my mark?
Yes, where the licence is properly structured with quality control, and particularly where the licensee is recorded as a registered user. This matters because it protects the registration against non-use cancellation under Section 47.
How long does recordal take?
Typically three to nine months from filing Form TM-P, depending on Registry workload and whether any queries are raised on the documents.

Still unsure? Book a free consultation and we will tell you honestly whether this is the right service for you.

Ready to start your assignment & licensing?

Talk to an IP professional first. No obligation, no sales script — just a clear view of where you stand and what it will cost.