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.
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.
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.
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
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.
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
|
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 |
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.
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.
Trademark assignment is the legal transfer of trademark ownership from one party to another.
Yes. Assignment must be recorded to legally reflect the new owner.
A trademark is valid for ten years and can be renewed every ten years.
Form TM-R is used to file trademark renewal in India.
The trademark may be removed from the register and lose protection.
Yes. A six-month grace period is available with additional fees.
No. Assignment does not change the expiry date.
No. Assignment can be with or without goodwill.
Yes. Pending trademarks can also be assigned.
Yes. Ebizfiling provides end-to-end trademark assignment and renewal support.
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