Trademark Proprietor Name Change in West Bengal
A sweet brand in Kolkata, a tea label in Siliguri or a saree house in Shantipur may hold a trademark in the owner's own name or the firm's name. When that name changes, the Trade Marks Register must be updated, or the brand can be hard to enforce or sell later. The key question is simple: is it the same owner with a new name, or a new owner? The first is a name change with a small fee. The second is an assignment or transmission, which costs much more. This page explains both for West Bengal brand owners.
Get Call and Name Change Format
Trademark Proprietor Name Change (Quick Answer)
If the same owner has a new name, guides say you file Form TM-M for a pending application (Rs 900 per mark online) or Form TM-P for a registered mark (Rs 1,800 per mark online), with proof such as a new certificate of incorporation or the owner's name change proof. If the mark goes to a new owner, by sale or after the owner's death, that is an assignment or transmission, which IP India lists at Rs 9,000 per mark online. Fix PAN and business records first.
| Situation | Type |
|---|---|
| Company renamed through ROC | Name change, same owner |
| Proprietor's surname changed after marriage | Name change, same owner |
| Spelling error in the owner's name | Correction or amendment |
| Brand sold to another person or company | Assignment, new owner |
| Owner died, heirs take the brand | Transmission, new owner |
| Proprietorship converted into a company | Usually assignment, new owner |
Trademark Name Change or Assignment to a New Owner: The First Question
A trademark guide puts it plainly: a name change is the same entity under a new name; an assignment is a transfer to a different entity. Everything else follows from this.
A company that changes its name through the Registrar of Companies is the same company. A woman who registered a brand in her own name and later takes her husband's surname is the same person. Both are name changes.
A brand sold to a buyer, a brand passed to heirs after the owner dies, or a proprietor's brand moved into a new company is a change of owner. The Register must record the new owner, and the fee and papers are different.
Getting this wrong wastes fees. Ask yourself first: is the legal person the same?
Trademark Name Change Forms and Fees: TM-M or TM-P, Rs 900 to Rs 1,800 per Mark
Guides say the form depends on the status of the mark: Form TM-M for a pending application and Form TM-P for a registered mark, at Rs 900 and Rs 1,800 per mark when filed online.
Sources do not agree on the form name, so we say so. The IP India fee page lists a change of name of a registered proprietor under section 58 against Form TM-M at Rs 1,800 online, while two guides put it under TM-P. The fee is the same in each. Check the current list on ipindia.gov.in before you file, or let your trademark attorney choose.
A change of owner by assignment or transmission is filed on Form TM-P, which IP India lists at Rs 10,000 on paper or Rs 9,000 online per mark. Online filing is 10 percent cheaper than paper for most entries.
Proof Needed for a Trademark Proprietor Name Change
For an Indian company, guides say the fresh certificate of incorporation from the Registrar of Companies is the key proof, as it shows the change under the Companies Act. A power of attorney is needed if an attorney files for you.
For a person, the proof is the public record of the new name: PAN in the new name, together with a marriage certificate or a gazette notification; see gazette name change in West Bengal.
For a simple spelling mistake in the owner's name, a correction request with ID proof and an affidavit is the usual route; see one and the same person affidavit.
Company or Firm Name Change on a Trademark: ROC First, Then Every Mark
A company first changes its name with the Registrar of Companies, then updates PAN, GST and other records, and then files the trademark request for every mark it owns. Fees are per mark, so a company with ten marks pays ten times.
A partnership firm is different. If partners change, the firm may count as a new owner, and an assignment may be needed. Ask your trademark attorney before filing.
Directors who changed their own names should also update their DIN; see DIN director name change.
Trademark Owner's Personal Name Change After Marriage: Same Proprietor
Many small brands in West Bengal are registered in the proprietor's own name. If she takes her husband's surname, she is still the same proprietor, so it is a name change, not an assignment.
Fix Aadhaar and PAN first; see PAN name change after marriage. Then file the trademark request with the new PAN and the marriage certificate or gazette.
If the brand is now run by a new firm or company she set up, that is a different owner, and an assignment is needed.
Trademark Transmission to Heirs After the Owner's Death
When the registered owner dies, the brand passes to the heirs. This is transmission, a change of owner, not a name change. It is filed on Form TM-P with the death certificate and proof of who the heirs are.
If the heirs disagree, or there is a will, the proof needed can include a succession certificate or probate from a court. That is a lawyer's job. If you cannot afford a lawyer, the District Legal Services Authority gives free legal aid to eligible people.
Fix the shop's trade licence, GST and FSSAI in the heir's name too; see trade licence name change.
Kolkata Trade Marks Registry and Online Filing on IP India
Trademark work for owners whose main business is in West Bengal falls under the Trade Marks Registry branch in Kolkata. Almost everything, including name changes, is now filed online on the IP India portal, so you rarely need to visit.
After the change is recorded, check the online register to see that the new name shows. Keep a copy for buyers, licensees and marketplaces such as online stores, which often ask for the trademark certificate in the seller's name.
Trademark law can get complex. We help only with the personal name proof behind a filing.
Mistakes With Trademark Name Changes
Filing a name change for a new owner
A new owner needs assignment or transmission.
Filing before PAN and ROC records
The proof must exist first.
Forgetting that fees are per mark
Count every mark you own.
Paper filing
Online is cheaper.
Running a dead owner's brand
File transmission in time.
Not checking the register
Confirm the new name shows.
How to Change a Trademark Proprietor's Name, in Order
Decide name change or new owner
Same legal person or not.
Fix PAN and ROC records
Proof must show the new name.
Gather proof
Certificate, gazette or marriage proof.
File online
TM-M or TM-P, per mark.
Answer any objection
Through your attorney.
Check the register
And update marketplaces.
Trademark Proprietor Name Change: Frequently Asked Questions
What form changes the proprietor's name on a trademark?
Guides say TM-M for a pending application and TM-P for a registered mark. IP India's fee page lists the section 58 change under TM-M, so check the current list.
What is the fee for a trademark name change?
Guides give Rs 900 per mark for a pending application and Rs 1,800 for a registered mark, filed online.
Is a company name change an assignment?
No. The same company under a new name is a name change.
I sold my brand. Is that a name change?
No. A new owner needs an assignment on Form TM-P, which IP India lists at Rs 9,000 online per mark.
My father owned the trademark and has died. What now?
The heirs file for transmission on Form TM-P with the death certificate and heir proof.
My surname changed after marriage. What do I file?
A name change request with the new PAN and the marriage certificate or gazette.
Do I need a gazette for a trademark name change?
Not always. It is strong proof for a person's full name change.
Are fees per mark?
Yes, each mark needs its own request and fee.
Is there a trademark office in West Bengal?
Yes, a Trade Marks Registry branch in Kolkata, though filing is online.
I converted my proprietorship into a company. Is it a name change?
Usually not. The company is a new owner, so an assignment is needed.
Is online filing cheaper?
Yes, IP India fees are about 10 percent lower online.
Do I need a trademark attorney?
Not by law, but objections and assignments are best handled by one.
Sources for Trademark Name Changes
IP India: Forms and Official Fees
ipindia.gov.in: TM-M, TM-P, e-filing fees.
Changes to a Trademark in India
selvams.com: name change vs assignment, per-mark fees.
Corporate Name Change in Trademark
compliancecalendar.in: ROC certificate as proof.
Get Call and Name Change Format
Trademark Name Change Proof: We Draft the Affidavit, You or Your Attorney File
The trademark filing is for you or your attorney. If you need proof of your own name change behind it, send us how your name reads on Aadhaar, PAN and the trademark certificate, and we will prepare the affidavit, newspaper notice or gazette. Monday to Saturday, across West Bengal.