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  

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