IP Assignment
Securing the Legal Chain of Ownership A Trademark registration is a piece of property. Like real estate, it requires a registered deed to change hands. At Diwakar and Associates, we handle the complexities of the Trade Marks Act, 1999, and the Copyright Act, 1957, to ensure your brand's value is legally locked.
Types of IP Transfers We Manage
- We facilitate various structures of IP movement depending on your business goals:
- Assignment with Goodwil: The complete transfer of the brand along with the reputation and customer base associated with it.
- Assignment without Goodwill (Gross):Transferring the right to use the mark for specific goods, while the original owner retains the reputation for other categories.
- Licensing vs. Assignment: We advise on whether you should "sell" (Assign) the IP or "rent" (License) it for royalty, drafting the respective agreements accordingly.
Our 2026 "Clean-Title" Checklist
Under the 2026 expedited examination rules, the Registrar of Trademarks requires specific disclosures. Our process includes:
1
Drafting the Assignment Deed
Including "No-Objection" clauses, consideration details, and territorial rights.
2
Stamp Duty Compliance
Ensuring the deed is executed on the correct denomination of non-judicial stamp paper as per state-specific laws (an often-overlooked step that can void an assignment).
3
Form TM-P Filing
Managing the electronic filing with the Trade Marks Registry to record the assignee as the "Subsequent Proprietor."
4
Proof of Title
Collating "user evidence" and previous certificates to establish a clear, unbroken chain of ownership.
Why This is Critical for Startups & M&A
Valuation & Funding
Investors will not release funds until they see that the IP (App name, Logo, Software Code) is legally owned by the Company, not just the individual Founders.
Litigation Protection
Without a recorded assignment, the new owner cannot sue for Infringement. Only the "Registered Proprietor" on the government records has the standing to take legal action.
Global Expansion
If you plan to file for a Madrid Protocol international trademark, your Indian base-registration must have a clean and updated title.
How we provide this service at Diwakar and Associates
Due Diligence
We start by searching the Registry to ensure the IP being assigned is "Live" and not "Opposed" or "Expired."
Execution Support
We manage the signing process, ensuring witnesses and digital signatures are in place for online submissions.
Liaison with the IPO
We track the application through the "Formalities Check Pass" and "Recordal" stages, handling any "Office Actions" or queries raised by the Registrar.
The Impact
We manage the end-to-end process of preparing and filing tax returns for individuals, firms, and corporations, along with all statutory tax forms.
Our Commitment to You
Your brand is your promise to your customers. At Diwakar and Associates, we commit to making the legal transfer of that promise invisible and invincible. We ensure that your IPR portfolio is a robust, tradable asset that adds real value to your balance sheet.
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