Many business owners ask, “Can I sell my trademark in India?” The answer is yes. A trademark is an intangible asset, just like property or shares. Since it carries brand value, you can sell, assign, or transfer it to another person or company in exchange for money or other benefits.
Can I Sell My Trademark in India?
The sale of trademark in India is legally allowed under the Trademark Act, 1999. The process is called assignment of trademark. Through assignment, the ownership of the trademark shifts from the current owner to another party.
This means if you own a trademark, you can either:
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✅ Sell it completely (full ownership transfer)
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✅ Sell it partially (restrict usage to certain products or regions)
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✅ License it (give usage rights without full ownership transfer)
Types of Trademark Sale (Assignment)
When you ask “Can I sell my trademark?”, it is important to know the types of assignment:
| Type of Sale | Description |
|---|---|
| Complete Assignment | Full transfer of ownership, including rights to earn royalties. |
| Partial Assignment | Transfer limited to certain goods/services or within specific boundaries. |
| Assignment with goodwill | Buyer gains rights to use the brand reputation along with the trademark. |
| Assignment without goodwill | Buyer gets rights over the mark, but not the seller’s brand reputation. |
Why Sell a Trademark?
Business owners choose to sell trademarks for different reasons. Some sell because they want to exit a business. Others sell to monetize the trademark’s popularity.
Selling a trademark can provide:
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✅ A lump-sum financial benefit
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✅ Freedom from unused trademarks
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✅ New business opportunities for the buyer
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✅ Stronger brand expansion possibilities
Legal Process of Selling a Trademark
To legally sell a trademark in India, you must follow the trademark assignment process:
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Draft an assignment agreement between seller and buyer.
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File Form TM-P with the Trademark Registrar.
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Pay the applicable government fee.
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The Registrar verifies and records the transfer.
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Once approved, the buyer becomes the new legal owner.
This process ensures that the transfer is legally valid and enforceable.
Final Thoughts
So, can I sell my trademark? Absolutely. A trademark is not just a legal right but also an asset that can be sold for financial or strategic reasons. With proper legal documentation and registration, you can transfer your brand to another entity and unlock its full value.
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