Assignment of Common Law Trademark

Assignment of Unregistered Common Law Trademark

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 sufficien

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