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Regulatory Analysis • Pune Corporate Advisory

Trademark Assignment in Pune: Brand Transfer with Goodwill, Form TM-P Filing & Royalty Licensing

KOKJAGUAR Advisory March 30, 2026 4 Min Read

Monetizing Intellectual Property: Trademark Assignment and Licensing in Pune

A registered trademark is a valuable intangible commercial asset that can be bought, sold, assigned, franchised, or licensed just like physical real estate. During corporate acquisitions, mergers, restructuring, or brand spin-offs in Pune, ownership of trademarks must be legally transferred from the original owner (assignor) to the acquiring party (assignee) through a formal Deed of Trademark Assignment.

Executing an assignment deed is only step one. Under Section 45 of the Trade Marks Act, 1999, the change in title must be formally registered with the Trade Marks Registry by filing Form TM-P. Until Form TM-P is approved and the assignee's name is recorded in the official Register of Trade Marks, the new owner cannot initiate infringement suits or enforce brand ownership against third parties. KOKJAGUAR Consultancy drafts bulletproof assignment agreements and files Form TM-P records. Explore our trademark transaction advisory.

Assignment with Goodwill vs Assignment without Goodwill

  • Assignment with Goodwill: The assignee acquires the brand along with the existing customer reputation, market standing, and right to sell identical goods under that brand.
  • Assignment without Goodwill (Gross Assignment): The assignor transfers the brand name for specified product lines while retaining the right to use the brand for other distinct commercial goods. Requires mandatory publication in the Trade Marks Journal under Registrar directions.
  • Licensing / Registered User: The brand owner retains ownership but licenses usage rights to a franchisee in exchange for periodic royalties.
Got Questions?

Frequently Asked Questions

The statutory government fee for filing Form TM-P to record a change of title is ₹9,000 per mark if filed within 6 months of the assignment deed execution.

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