Form TM-P: Assignment and Post-Registration Changes
Short answer: Form TM-P is the Trade Marks Rules, 2017 form for changes to a registered trademark. It records an assignment or transmission (Section 45, Rules 75-76), changes the proprietor's name or address, amends the mark or its goods, and covers related requests. E-filing fees range from Rs 900 per mark for an address change to Rs 9,000 per mark for recording a new owner.
What Form TM-P covers, and the fee for each request
Form TM-P is titled "Application for Post registration changes in the trademarks". The form itself says that one form is meant for one request only. If several requests are put in one form, only the first is dealt with. The form is for registered marks: Rule 75 speaks of a person entitled to a "registered trademark". Fees below are from the First Schedule (entries 6 to 9) and are charged for each trademark, not each class.
| TM-P request | Law | E-filing fee per mark | Paper fee per mark |
|---|---|---|---|
| Record a new owner after assignment or transmission | Section 45, Rules 75-76 | Rs 9,000 | Rs 10,000 |
| Directions to advertise an assignment without goodwill | Section 42, Rule 80 | Rs 2,700 | Rs 3,000 |
| Registrar's certificate or approval for certain assignments | Sections 40(2) and 41, Rule 83 | Rs 2,700 | Rs 3,000 |
| Add to or alter the registered mark | Section 59, Rule 102 | Rs 2,700 | Rs 3,000 |
| Convert the specification to the current classification | Section 60, Rule 105 | Rs 2,700 | Rs 3,000 |
| Change of name or description of proprietor or registered user | Section 58 | Rs 1,800 | Rs 2,000 |
| Extension of time under Section 42 or Section 46(4) | Rules 80(3) and 85 | Rs 1,800 | Rs 2,000 |
| Change of address or address for service | Section 58, Rule 101 | Rs 900 | Rs 1,000 |
| Cancel an entry or part of it | Section 58 | Rs 900 | Rs 1,000 |
| Dissolve an association between marks | Section 16(5), Rule 54(2) | Rs 900 | Rs 1,000 |
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Recording an assignment or transmission (Section 45, Rules 75-76)
When a person becomes entitled to a registered mark by assignment (a written transfer) or by transmission (for example, on a proprietor's death or by operation of law), that person applies on Form TM-P to be registered as proprietor. Rule 76(1) requires two documents with the form: a duly certified copy of the deed or instrument that transfers title, and a statement of case supporting the request. A model is in the assignment deed and statement of case draft.
The Registrar can ask for further proof of title only where there is reasonable doubt about a statement or document (Section 45, Rule 77). If the validity of the assignment is disputed between the parties, the Registrar may refuse to record it until a competent court decides (Section 45(3)). Under Rule 78, a deed that is not properly stamped can be impounded and dealt with under the Indian Stamp Act, 1899, so it should be stamped correctly under the relevant State's law before filing. If the deal involves sending money outside India, Rule 79 lets the Registrar ask for any permission that law requires. Once the request is allowed, the register shows the assignee, the date of assignment, any limited right assigned and the basis of the assignment (Rule 84).
A partial assignment can split a registration. If different owners take different goods or different markets, each resulting registration is treated as a separate registration (Rule 82). The step-by-step filing route is in the trademark assignment process.
Assignment without goodwill: Section 42 directions
If a mark that has been used, or is in use, in a business is assigned without the goodwill of that business, the assignment does not take effect unless the assignee does two things. First, it must apply to the Registrar for directions on advertising the assignment, within six months from the date of assignment, or within an extended period of up to three months in total if the Registrar allows. Second, it must advertise as directed (Section 42). The directions application is made on Form TM-P and must state the date of the assignment (Rule 80). When recording title, the applicant states whether the mark was used and whether goodwill was excluded. If both apply, it must file the directions and proof of advertisement (Rule 81).
Two other limits apply. Section 40 restricts assignments that would leave different people with exclusive rights in similar marks for the same or related goods, if that is likely to deceive or cause confusion. Section 41 requires the Registrar's approval before a mark is split so that different owners hold exclusive rights for different places in India or different export markets. For either, a statement of case in duplicate and a copy of the instrument are filed with Form TM-P (Rule 83).
Changing the proprietor's name, address or other entries
Section 58 lets the registered proprietor correct errors, record a change of name, address or description, cancel an entry, or strike out goods or services. When the proprietor's address or address for service changes, Rule 101(1) requires a TM-P request to be filed "forthwith". If a public authority has renamed or renumbered the same premises, the request is filed with that authority's certificate and no fee is payable (Rule 101(2)). A copy of the request must be served on any registered users (Rule 101(3)). An agent whose own address for service changes across many registrations can file one TM-P listing all of them (Rule 101(4)).
A name change applies only where the same legal person has a new name, for example a company that changes its name and receives a fresh certificate of incorporation. If the business moves to a different legal person, such as a sole proprietor's brand moving to a new private limited company or LLP, ownership has changed. That is recorded as an assignment or transmission, not as a name change.
Altering the mark or its goods
Under Section 59, the proprietor can ask for leave to add to or alter a registered mark, provided the change does not substantially affect its identity. The TM-P request must include the mark as it will look after the change, and a copy must be served on any registered users (Rule 102). The Registrar may advertise the request. Anyone may then oppose it on Form TM-O within three months, and the proprietor must answer within two months, failing which the request is deemed abandoned (Rule 103).
When the Nice Classification is amended, Rule 105 allows a TM-P request to bring an old specification into line with the current trademark classes. Section 60 does not allow this to be used to add goods or services.
Why recording matters: Section 45(4)
Under Section 45(4), until the application to register the new owner is filed, the assignment or transmission has no effect against anyone who acquires a conflicting interest in the mark without knowing about the assignment. An unrecorded assignment may still bind the parties to it, but it leaves the buyer exposed to third parties.
- The register and the e-register continue to show the old proprietor, which weakens enforcement and due diligence for a sale, licence or funding round.
- Renewal notices and Registry letters go to the old address for service. See trademark renewal for what happens when a renewal is missed.
- An agent filing on the new owner's behalf needs a fresh power of attorney from that owner.
Documents and common mistakes
Other post-registration forms are listed on the trademark forms page. Before filing Form TM-P, check the following.
- The deed: signed by both parties, properly stamped, and listing the registration numbers, classes and goods covered, whether goodwill passes, and the effective date.
- The statement of case and the agent's authorisation are attached.
- One request per form. An address change and an assignment need separate TM-P filings.
- Fee per mark: Rs 9,000 for each trademark assigned, whatever the number of classes.
- A new company or LLP is not filed as a mere name change.
- The Section 42 period is diaried from the date of the assignment.