Buying a registered trademark in India is a smart legal step. It can save time, help with brand recognition, and increase business value. Instead of starting from scratch, businesses can acquire existing trademarks that already have a market presence.
But, how exactly does this work? This guide shows you how to buy a registered trademark in India. It covers legal requirements, needed documents, and expert tips.
A registered trademark is a legal symbol, word, phrase, or logo. It helps identify and distinguish the source of goods or services. Buying one offers instant branding, legal protection, and credibility.
Many businesses choose to buy a trademark instead of registering a new one. This saves time, builds trust with customers, and helps the brand grow faster. Marketplaces like BuySellTrademarks.in simplify this process by offering verified listings.
First, search for available trademarks for sale. This can be done through:
Online marketplaces like BuySellTrademarks.in
Trademark brokers or IP consultants
Direct brand owners looking to sell
Look for trademarks relevant to your niche and make sure they're registered and legally valid. Ensure the trademark aligns with your business goals and doesn't have any existing disputes.
Once you've selected a trademark, it's crucial to verify its:
Ownership details
Class of goods/services (Nice Classification)
Registration validity
Pending objections or oppositions
Use the IP India Public Search Tool (https://ipindiaonline.gov.in) to check the trademark's status, class, and history. A good idea is to talk to a trademark attorney for help.
Before finalizing the purchase, conduct a comprehensive trademark due diligence check. This includes:
Checking for existing legal issues
Reviewing the duration of registration
Examining brand reputation and usage history
Ensuring no conflicting trademarks exist
Trademark due diligence keeps you safe from future legal issues. It also helps you understand the real market value of the brand name you are buying.
Once you are sure the trademark is real, start discussing the price with the seller. Here are important points to include in the purchase agreement:
Transfer of ownership rights (Assignment Deed)
Amount and payment structure
No legal liability post-transfer
Seller’s declaration of good faith
The trademark assignment agreement must be drafted carefully, preferably by a legal expert. This agreement is the legal proof of transfer.
The next step is to legally document the transfer of the trademark through a Trademark Assignment Deed. This deed should include:
Names and addresses of buyer and seller
Trademark details (Application No., Class, Date)
Scope of transfer (with or without goodwill)
Consideration paid
Declaration of assignment and effective date
The law requires the parties to write the assignment deed on stamp paper. You should also notarize it to make it legally binding.
After you complete the deed, you must register the transfer with the Indian Trademark Registry. You complete this by filing Form TM-P.
Here’s what you need to file:
Form TM-P (Request for post-registration changes)
Duly signed Assignment Deed
NOC (No Objection Certificate) from the seller
Affidavit and proof of execution
Government fee (varies depending on ownership type)
This step is crucial to legally reflect the buyer as the new trademark owner in public records.
Once the Registrar verifies and approves your application, they will update the ownership records in the official Trademark Registry. You will receive a confirmation or Trademark Journal Entry.
This officially marks the completion of the trademark transfer. The buyer can now use the trademark legally in India for commercial use.
To ensure a seamless process, keep these documents ready:
Trademark Registration Certificate
Assignment Deed
Identity and Address Proof (of both parties)
Power of Attorney (if filed by agent/attorney)
No Objection Certificate (NOC)
Affidavit (if applicable)
Organizing these documents in advance will prevent delays during registration.
BuySellTrademarks.in is India’s leading platform that allows buyers to explore registered trademarks for sale across various industries. Key benefits include:
Verified and ready-to-transfer trademarks
Easy comparison and shortlisting
Professional consultation and support
Legal documentation assistance
The ideal solution for entrepreneurs, startups, and businesses looking to launch a brand without delay exists.
Buying a trademark instead of registering a new one offers several advantages:
Saves time – No waiting period for registration
Brand credibility – Instant consumer trust
Legal security – Already registered under Indian law
Competitive edge – Trademark might have a reputation in the market
For businesses looking to rebrand or enter the market swiftly, acquiring an existing trademark is a smart move.
Avoiding these mistakes will ensure a smooth trademark acquisition: