How to sale or transfer the Trademark in india along with business?

8th Sep, 2025| 5 Min read.

To sell or transfer a trademark along with a business in India, you must draft a detailed Trademark Assignment Agreement outlining the transfer of ownership, then file Form TM-P with the Trademark Registry, submitting the agreement and other supporting documents within six months of the transfer date. The Registrar will review the application, may require you to publish the assignment, and finally registers the assignee as the new owner. 

1. Draft a Trademark Assignment Agreement 

• Create a Legally Binding Document:

This agreement should clearly define the rights being transferred, the names of the assignor (current owner) and assignee (new owner), the trademark registration number, and the consideration (price or compensation).

• Include Key Details:

The agreement should also include the date of transfer, the scope of the transfer (complete or partial), and any other agreed-upon conditions.

2. Gather Required Documents

• Assignment Agreement:

The signed Trademark Assignment Agreement is the primary document. 

• Proof of Identity:

Identification documents for both the assignor and assignee (e.g., PAN, Aadhaar, passport) are necessary. 

• No Objection Certificate (NOC):

A formal No Objection Certificate from the original owner (assignor) is required to confirm the transfer of rights. 

• Power of Attorney (if applicable):

If you are hiring a lawyer or agent to handle the process, you will need to provide a Power of Attorney. 

Also Read | How fixed assets can be valued while takeover of business?

3. File Form TM-P

• Submit to the Trademark Registry: File Form TM-P with the Indian Trademark Office, either by the assignor, the assignee, or both. Legal team of BizzXchange helps in filing of TM-P. 
• Pay the Fee: You must pay the required government fees for the trademark transfer. 

4. Wait for Registrar's Approval

• Application Processing:

The Trademark Registrar will review the application and documents submitted. 

• Address Objections:

The Registrar may raise objections, which must be addressed by the applicant within the specified timeframe. 

• Advertisement:

The Registrar may direct you to publish the assignment in the Trademark Journal. 

• Final Registration:

Once the Registrar is satisfied with the application and all requirements, the assignment will be approved, and the assignee will be registered as the new owner of the trademark. 

5. Update Business Records 

• Maintain Records: Ensure that all your legal and company records are updated to reflect the new trademark owner.