Initiating the Ownership Update

• The legal heir must initiate a request to record their name as the new proprietor of the trademark.
  
• This is necessary when the original trademark owner is deceased, and the rights are passed through inheritance.
  
• The process is treated as a transmission of ownership under the Trade Marks Act, 1999.
  
• The request must be filed with the Trade Marks Registry where the original application was submitted.
  

Filing the Request

• The appropriate form for recording the transmission is Form TM-P.
  
• It is filed by the legal heir or their authorized agent through the IP India online portal or physically.
  
• The form must include details of the original trademark, such as application number, class, and mark description.
  
• Government fees must be paid as per the official schedule for ownership change requests.
  

Supporting Documentation

• A copy of the death certificate of the original trademark owner.
  
• A legal heirship certificate, succession certificate, or probate of will.
  
• A no objection certificate from other legal heirs, if applicable, to avoid future disputes.
  
• Proof of identity and address of the legal heir claiming the rights.
  
• A valid Power of Attorney (TM-48) if the application is filed through a representative.
  

Examination and Approval

• The Registry examines the application and documents for procedural compliance and legal clarity.
  
• If all documents are in order, the Registry updates the name of the legal heir as the new proprietor.
  
• If there are any deficiencies or objections, the Registry may issue a clarification notice.
  
• In case of conflicting claims, the matter may be referred for adjudication or court intervention.
  

Post-Registration Obligations

• Once the change is recorded, the new proprietor assumes all legal rights and responsibilities over the trademark.
  
• They can now enforce rights, renew the registration, and license the trademark.
  
• The legal heir should ensure that the trademark is actively used in trade to maintain its validity.
  
• Records should be updated timely to avoid administrative or legal complications in the future.