Assignment of Common Law Trademark

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What is included

An assignment of an unregistered common law trademark involves the transfer of ownership rights in a trademark that has not been formally registered with a trademark office but is still recognized under common law due to its use in commerce. Common law trademarks are established through actual use rather than formal registration, and they provide certain legal protections in the geographic areas where they are used.

A basic form of Trademark Transfer.  The variables are contained in a schedule at the end of the Agreement for ease of drafting. It includes:

§  Payment of deposit

§  exchange and completion dates

§  Vendor to deliver financials, tax returns and other documents of transfer

§  Warranties and confidentiality

§  GST clauses

This Trademark Transfer is suitable for share sales which does not involve a sale of business or where the underlying business structure is simple.

 

 

 

 

Includes GST

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ASSIGNMENT OF TRADEMARK
What is it?

An assignment of an unregistered common law trademark involves the transfer of ownership rights in a trademark that has not been formally registered with a trademark office but is still recognized under common law due to its use in commerce. Common law trademarks are established through actual use rather than formal registration, and they provide certain legal protections in the geographic areas where they are used.

Key Elements

An assignment of an unregistered common law trademark involves the transfer of ownership rights in a trademark that has not been formally registered with a trademark office but is still recognized under common law due to its use in commerce. Common law trademarks are established through actual use rather than formal registration, and they provide certain legal protections in the geographic areas where they are used.

Key Elements of an Assignment of an Unregistered Common Law Trademark

  1. Parties Involved:
    • Identification of the assignor (current owner of the trademark) and the assignee (new owner of the trademark), including their legal names and contact information.
  2. Trademark Details:
    • A detailed description of the common law trademark being assigned, including the mark itself, the goods or services it is associated with, and the geographic area of use.
  3. Assignment Terms:
    • A clear statement that the assignor is transferring all rights, title, and interest in the common law trademark to the assignee.
    • The effective date of the assignment.
  4. Consideration:
    • The financial terms of the assignment, including any payment or consideration provided by the assignee to the assignor in exchange for the trademark.
  5. Warranties and Representations:
    • Warranties provided by the assignor regarding their ownership of the common law trademark and their authority to transfer it.
    • Any assurances that the trademark is free from any liens or encumbrances.
  6. Indemnification:
    • Provisions specifying that the assignor will indemnify the assignee against any claims arising from the assignor’s prior use of the trademark.
  7. Governing Law:
    • The legal jurisdiction governing the assignment.
  8. Signatures:
    • Signatures of both parties, indicating their agreement to the terms of the assignment.
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