Trademark transfer / assignment
A trademark changes hands through an assignment deed recorded on the register, without the recordal, the register and the commercial reality diverge. Rapidfiling drafts the deed, checks the transfer's validity, and completes the recordal.
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Service overview
Trademarks are property and can be assigned (sold outright, transferred with a business, or licensed) under the Trade Marks Act, 1999. A valid assignment needs a written deed recording the parties, the mark, the consideration, and the goods covered. One statutory trap deserves attention: an unregistered mark generally cannot be assigned without the business's goodwill in the associated goods, while registered marks assign more freely, a distinction that shapes how the deed is drafted.
The deed is half the job; recordal is the other half. Until the assignment is recorded on the register, the registry still treats the old proprietor as the owner, filings, renewals, and enforcement all run through the registered proprietor. Recordal filings carry the deed and proof of the parties' authority, and registry queries on recordals are common when the deed is loose.
Rapidfiling drafts the assignment deed around your transaction, verifies the statutory conditions, and files the recordal until the register shows the new proprietor.
Who this service is for
- Buyers and sellers in brand or business acquisitions
- Group companies moving marks between entities
- Startups acquiring a mark from a founder or an earlier venture
- Licensors and licensees converting a licence into a full transfer
Scope of support
What support includes
- Review of the mark's register status and the transfer's statutory conditions
- Drafting of the assignment deed with the parties, consideration, and goods defined
- Filing of the recordal application with the deed and authority documents
- Confirmation once the register shows the new proprietor
What support does not include
- Negotiating the commercial deal or price, which is your transaction to run
- Licensing arrangements that keep ownership unchanged, quoted separately if wanted
- Security interests over trademarks, which follow their own legal route
Requirements and documents
- Registration certificate or application number of the mark
- Identity and authorisation documents of the assignor and assignee
- The agreed consideration and effective date of the transfer
- Goodwill details where an unregistered mark or associated goods are involved
How the process works
1. Enquire with the transaction
Share the mark, the parties, and the deal shape through the form on this page.
2. Validity check
We verify the register status and the statutory conditions, especially for unregistered marks and associated goods.
3. Deed drafting
The assignment deed is drafted, reviewed with both sides' instructions, and executed.
4. Recordal
The recordal is filed with the executed deed and registry queries are answered until the register shows the change.
Fees and timing
What influences the quote
- Number of marks and classes in the transfer
- Whether goodwill structure makes the deed more involved
- Whether recordal queries arise from the deed's content
Government fees and professional fees are shown separately in every quote. GST treatment is confirmed in the quote. Rapidfiling does not publish fixed prices for this service; request a quote to receive the fee breakdown for your case.
Share your requirement. Our team will review your enquiry and explain the next steps.
Important limitations
- The register changes only after its own recordal process completes
- Unregistered-mark transfers carry goodwill conditions that must be respected in the deed
- Stamp duty on assignment deeds follows the state's schedule and must be paid correctly
Frequently asked questions
Can a trademark be sold without the business?
Registered marks can be assigned without goodwill subject to the Act's conditions, but an unregistered mark generally cannot transfer without the business's goodwill in the associated goods. The deed is drafted to respect whichever position applies.
What is recordal and why is it urgent?
Recordal is the register entry showing the new proprietor. Until it completes, the registry treats the old owner as proprietor, affecting filings, renewals, and who can enforce. It should follow the deed promptly.
Is stamp duty payable on an assignment deed?
Yes, stamp duty follows the state's schedule and the consideration. An under-stamped deed creates problems at recordal and in enforcement; we confirm the correct duty before execution.
Can a licence be used instead of a transfer?
Yes, licensing lets another party use the mark while ownership stays put. It suits partnerships and expansion without sale. We quote licence drafting separately if that fits your deal better.
Related services
Trademark rectification
Correct or remove register entries, proprietor changes, cancellations, and removals.
Trademark registration
Search, class selection, and filing of your trademark application with the registry.
Trademark renewal
Renew registration every ten years, and restore a mark that has already lapsed.
Logo designing
Original logo design with the files and usage rights a trademark filing expects.
Start your enquiry
Share your requirement. Our team will review your enquiry and explain the next steps.