A trademark is not just a legal right — it is a valuable asset for any business. Like property, machinery, or shares, trademarks can also be sold, assigned, or licensed. If you own a registered trademark in India and are not using it, you can sell it to another business for commercial gain. This blog explains how trademark sale works in India, the process involved, and why legal assistance is important.
Can You Sell a Trademark in India? Yes. Under the Trade Marks Act, 1999, a registered trademark is considered intellectual property (IP). The owner has the legal right to:
- Sell (Assign) the trademark.
- License the trademark for use by others.
- Transfer ownership fully or partially.
Modes of Trademark Sale / Assignment
Complete Assignment:- All rights of the trademark are transferred from the seller to the buyer. The buyer becomes the sole owner of the trademark.
Partial Assignment :- Rights are transferred only for specific products, services, or geographical areas.
Assignment with Goodwill : – Along with the trademark, the seller transfers the reputation and business value attached to the brand.
Assignment without Goodwill :- The trademark is sold without transferring the goodwill associated with it (buyer cannot use it in the same market segment).
Process of Selling a Trademark in India
Trademark Valuation :- Assess the financial value of your trademark (based on reputation, brand recognition, and market demand).
Draft Assignment Agreement : – A legal contract must clearly mention: Details of the trademark (class, registration number) Scope of transfer (full/partial, with/without goodwill) Consideration (sale price) Terms and conditions
File Assignment with Trademark Registrar:- File Form TM-P along with the Assignment Agreement and prescribed fees with the Indian Trademark Office.
Registrar’s Approval :- After verification, the Registrar updates the trademark register, and the buyer becomes the new owner.
Whether you are a business owner looking to sell your trademark or a buyer seeking to acquire one, we ensure a smooth and legally compliant transfer.
Contact us today for expert assistance with Trademark Sale and Assignment in India.
Contact Us
+91-7827973775 | 9810203697 | 0124-4014769