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ARUL INBAA (PROFESSIONAL)     12 September 2013

Trade mark



Please let me know whether the Trade Mark can be sold to third party? 


 11 Replies

SAI KIRAN R (ADVOCATE)     12 September 2013

Yes Trade mark can be sold by the owner of such trade mark.

ARUL INBAA (PROFESSIONAL)     12 September 2013

dear sir,

Thank U very much. But  an agreement for sale of trade has to be entered like sale of property . is it so sir. 

Rajesh Hazra (Mediator and Legal Counsel )     13 September 2013

These are agreements prepared specially on TM. You may need to take the help of Trade Mark Lawyer for this.


milesmaxx (Employee)     14 September 2013

Yes, you can sell the trade mark to third party.A trademark can be just as valuable as a large client, so it's of utmost importance that businesses find competent means for protection. TM is for common law trademarks, which are those that have not been registered.



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subramanian (consultant)     14 September 2013

Selling of trademarks is done through a document known as assignment of trademarks.you can go through a standard draft of assignment available in internet and modify as per your reqirements


Chetan Joshi (Advisory/Advocacy)     21 September 2013

The word is 'assignment' and not sale. Trade mark does not constitute to a gift..




ARUL INBAA (PROFESSIONAL)     21 September 2013

thank Members . 

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     21 September 2013

Documents need for transfer/assignment:

1) Deed of Assignment between user and buyer of the mark.

2) Form 24

3) Affidavit by assignee that there is no legal dispute pertaining to the mark.

subramanian (consultant)     21 September 2013

THERE are two ways to get the registered trademark transferred.

1 Along with the assignment deed the assignee( the person who has purchased the trademark) has to file TM 24 with fees IN this case the assignee only has to sign the form

2Along with the assignment deed  Form TM 23 can be filed.In this the form has to be signed by both assignor( the registered proprietor of the trade mark) and the assignee with fees.

It is better to follow the second option of filing form 23 as this  is theform jointly signed by both the parties and there will not be any legal problem later on and there is no need to file any affidavits


ARUL INBAA (PROFESSIONAL)     21 September 2013


Banker Harpreetsingh (Patent Agent)     01 October 2013

Trade Mark is an Intellectual Property.

The word property signifies that it has all the attribues of an property. Hence it can be assigned, liscensed for a definate period or region, etc. But you need to have registered documents to do so as on the case of movable or immmovable property. 

I would advise pl take the advise and help of an IPR practioner as the TM is a valuable assest. 

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