What Is the Process to Buy a Registered Trademark in India?

What Is the Process to Buy a Registered Trademark in India?
31 Jul

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.

What Is a Registered Trademark and Why Buy One?

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.

Step 1: Search for Available Trademarks

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.

Step 2: Verify Trademark Ownership and Status

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.

Step 3: Conduct Trademark Due Diligence

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.

Step 4: Negotiate and Finalize the Purchase Agreement

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.

Step 5: Draft a Trademark Assignment Deed

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.

Step 6: File TM-P Form with the Trademark Registry

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.

Step 7: Acknowledge the Change in Trademark Registry

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.

Key Documents Required for Buying a Registered Trademark

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.

Why Choose BuySellTrademarks.in to Buy a Trademark?

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.

What Are the Benefits of Buying a Trademark in India?

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.

Common Mistakes to Avoid When Buying a Trademark

Avoiding these mistakes will ensure a smooth trademark acquisition:

  • Not verifying ownership documents

  • Ignoring pending litigation or opposition

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