Assignment of Unregistered Common Law Trademark

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.