Trademark Assignment and Renewal guide in India
Introduction
Trademark assignment and trademark renewal are two key actions that protect brand ownership in India. In 2025, many brands faced disputes due to missed renewals or unrecorded ownership transfers.
Assignment changes ownership, while renewal keeps the trademark legally active. This blog explains trademark assignment and renewal clearly, with process, timelines, and legal impact.
What Is Trademark Assignment?
Trademark assignment is the legal transfer of ownership of a trademark from the assignor to the assignee. Once the assignment is recorded, the assignee becomes the lawful owner of the mark.
As per the Trade Marks Act, 1999, assignment ensures clarity of ownership and prevents future disputes. It applies to registered and, in certain cases, pending trademarks.
What Is the Process for Trademark Assignment in India?
The trademark assignment process follows a defined legal structure
Key Steps in Trademark Assignment
-
Draft a Trademark Assignment Deed, properly stamped and notarized
-
Specify whether goodwill is transferred or excluded
-
File the prescribed application with the Trademark Registry
-
Submit Form TM-48 if an agent is appointed
-
Record the change of ownership in official trademark records
According to trademark office practice, ownership changes are valid only after registry recording.
What Is Trademark Renewal?
Trademark renewal is the process of extending a trademark’s protection for another ten-year period. Every registered trademark in India is valid for ten years from the filing date. As per official trademark guidelines, renewal preserv
When and How to File Trademark Renewal?
Trademark renewal follows a strict timeline.es exclusive rights and prevents third-party misuse.
Trademark Renewal Timeline
-
Renewal can be filed within one year before expiry.
-
Late renewal is allowed within six months after expiry.
-
Late filing attracts additional government fees.
Renewal Process in India
-
File Form TM-R online through the trademark portal.
-
Pay the prescribed renewal fee.
-
No examination occurs if filed on time.
-
Trademark remains valid for another ten years.
If renewal is not filed, the mark risks removal from the register.
Consequences of Not Renewing a Trademark
Failure to renew a trademark leads to serious risks.
-
Trademark may be removed from the register.
-
Legal protection over the brand may end.
-
Restoration requires additional filings and fees.
-
Third parties may apply for similar marks.
As per trademark registry practice, restoration is more complex than timely renewal
Trademark Assignment vs Trademark Renewal: Key Differences
|
Aspect |
Trademark Assignment |
Trademark Renewal |
|
Purpose |
Transfer ownership |
Extend validity |
|
Legal Effect |
Changes trademark owner |
Keeps trademark active |
|
Validity Impact |
No extension |
Adds 10 years |
|
Main Form |
TM-P / TM-48 |
TM-R |
|
Risk if Missed |
Ownership disputes |
Removal from register |
How Ebizfiling Helps with Trademark Assignment and Renewal
At Ebizfiling, we support brand owners through:
-
Reviewing trademark ownership and expiry status.
-
Drafting and vetting trademark assignment deeds.
-
Filing assignment applications with the registry.
-
Managing trademark renewal timelines and filings.
-
Tracking post-filing updates and registry records.
Our approach focuses on accuracy, compliance, and long-term brand protection.
Conclusion
Trademark assignment and trademark renewal serve different but equally important purposes. Assignment transfers ownership, while renewal preserves trademark validity. Both processes protect brand rights under Indian law. Ebizfiling helps brands manage trademark assignment and renewal without compliance gaps.
Frequently Asked Questions
1. What is trademark assignment?
Trademark assignment is the legal transfer of trademark ownership from one party to another.
2. Is trademark assignment mandatory after a sale?
Yes. Assignment must be recorded to legally reflect the new owner.
3. How long is a trademark valid in India?
A trademark is valid for ten years and can be renewed every ten years.
4. Which form is used for trademark renewal?
Form TM-R is used to file trademark renewal in India.
5. What happens if a trademark is not renewed?
The trademark may be removed from the register and lose protection.
6. Can trademark renewal be filed late?
Yes. A six-month grace period is available with additional fees.
7. Does assignment extend trademark validity?
No. Assignment does not change the expiry date.
8. Is goodwill transfer compulsory in an assignment?
No. Assignment can be with or without goodwill.
9. Can pending trademarks be assigned?
Yes. Pending trademarks can also be assigned.
10. Can Ebizfiling handle trademark assignment and renewal?
Yes. Ebizfiling provides end-to-end trademark assignment and renewal support.
IPIndia Trademark Registration
Expertise That Keeps You Compliant
About Ebizfiling -
January 31, 2026 By Dhruvi D
Setting Up US Payroll for Your Business Step by Step Introduction Setting up US payroll is one of the most important compliance steps for any business that hires employees in the United States. Many small businesses delay payroll setup […]
January 31, 2026 By Dhruvi D
Preparing and Filing Federal Tax Returns for US Taxpayers Introduction Filing federal tax returns is a yearly responsibility that many US taxpayers find stressful. The process often feels complicated because it involves multiple forms, deadlines, and rules that change […]
January 31, 2026 By Dhruvi D
Understanding Taxable Sales and Non-Taxable Sales Lets Begin With, One of the most common questions businesses face is whether a sale is taxable or not. Many assume that only physical products are taxed, while services or digital sales are […]