Assignment of Registered Trademark
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At a Glance
Assignment of Registered Trademark
This Assignment of Registered Trademark is a precedent used when transferring ownership of a registered or pending trademark between parties. It records the legal transfer of rights, title, and interest in the mark under the Trade Marks Act 1995 (Cth) and ensures all necessary warranties and assurances are provided by the assignor.
What This Agreement Covers
• Terms of assignment and transfer of ownership
• Warranties confirming assignor’s title and validity of the trademark
• Delivery of certificates and registrable assignment forms
• Further assurances clause to ensure compliance with IP Australia’s registration process
• Assistance provisions for ongoing protection or litigation involving the mark
• Execution clauses, notices, severability, and governing law
• Schedule for purchase price and trademark details
• Annexure for graphical representation of the assigned marks
Why Use This Template?
• Provides a formal and legally compliant document for transferring a registered trademark
• Ensures assignor warranties, rights, and obligations are clearly defined
• Meets registration requirements under the Trade Marks Act 1995 (Cth)
• Suitable for trademarks being sold, transferred, or restructured within a business
• Easy to edit, customise, and use with IP Australia’s assignment process
Suitable For
This precedent is ideal for solicitors, brand owners, and businesses transferring ownership of registered trademarks in Australia, ensuring full legal compliance and protection for both assignor and assignee.
INCLUDES
You can assign a trademark during the application process. Whether the trade mark is in the process of being registered or unregistered, the assignor or the assignee will have to notify the Registrar by lodging a form to record the transfer of ownership, or the trademark’s transmission.
Suitable for the sale of a trademark which is in the process of being registered. Includes:
- Definitions, interpretation
- Terms of Assignment
- Assignor’s warranties
- Further assurances
- General provisions
Include a description of the Trademark in the Schedule, and attach any graphical representations to Annexure A.
BACKGROUND
A trademark is a word or symbol (it can also be a smell or a colour but these are less common) used to distinguish the goods or services of one seller from those of another.
A trademark can be in the form of a word, phrase, letter, number, sound, scent, logo, picture, symbol, shape, colour, and aspect of packaging or any combination of these.
Registered a trademarks give exclusive rights to use, license or sell that mark for the classes of goods and services in which they have been registered. International trademarks can be acquired via the Madrid Protocol once an Australian trademark has been registered. Registration in Australia confers a National monopoly on the mark.
The legislation governing the registration of trade marks in Australia is found in the Trade Marks Act 1995 (the ‘TM Act’) and the Trade Marks Regulations 1995 (the ‘TM Regulations’). This suite is not concerned with the registration of Trade Marks or other administrative procedures related to the operations of IP Australia.
The administration of the trademark registration system is undertaken by the Australian Trade Marks Office of IP Australia. IP Australia is an Australian Government agency, having responsibility for administering patents and trademarks, and other intellectual property rights in Australia.
A proprietor of a registered trade mark can stop other persons from using mark on similar goods and services. However, if your client’s trade mark is well known in Australia then your client may be able to prevent another person from using the same or similar words on goods or services that are unrelated to their registered goods or services.
This suite shows you how to transfer ownership of a mark once registered andprovides the necessary documentation to do so.
ASSIGNMENT OF A TRADE MARK
An assignment of a trade mark requires a form to be lodged with IP Australia. There are no filing fees payable for lodgement of the form. The form may be downloaded from the IP Australia website which can be reached by clicking here.
In addition to the form, IP Australia requires evidence of the assignment. Any of the deeds of transfer provided with this precedent suite are sufficient.
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