Assignment of Unregistered Common Law Trademark

Assignment of Unregistered Common Law Trademark

This Assignment of Unregistered Common Law Trademark is a precedent used when transferring ownership of an unregistered (common law) trademark between parties. It records the transfer of rights, goodwill, and interest in a mark that has not yet been registered, ensuring the assignee gains full benefit of the mark’s commercial use.

What This Agreement Covers

• Definitions and interpretation provisions
• Detailed terms of assignment and transfer of goodwill
• Assignor’s warranties confirming ownership and right to assign
• Further assurances ensuring proper transfer of rights
• General legal provisions including notices and execution clauses
• Schedule for describing the trademark(s) being assigned
• Annexure for attaching any graphical representations of the trademark(s)

Why Use This Template?

• Provides a formal and enforceable record of the transfer of an unregistered trademark
• Protects both assignor and assignee with clear warranties and obligations
• Suitable for use where goodwill in a business or product name is being sold
• Ensures legal certainty even before registration of the mark with IP Australia
• Easy to edit, customise, and implement

Suitable For

This precedent is ideal for business owners, brand developers, and solicitors who need to document the sale or transfer of rights in a common law (unregistered) trademark associated with a business or product