Trademark Agreements

Download Trademark Agreements in word format.  Simply download edit, save and reuse as many times as you need.

PRECEDENTS ONLINE

Written by Lawyers

 

ONLINE LEGAL DOCUMENTS

 

 

Trademark Assignment

A basic form of Agreement.  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

Suitable for share sales which does not involve a sale of business or where the underlying business structure is simple.

 

 

 

 

 

Trademark License Agreement (Short)

A Simple Trademark License Agreement (short form) which allows a trademark owner to license the use of their trademark. Including terms covering:

  • Licence
  • Licencee’s Undertakings
  • Indemnity
  • Improvements
  • Goodwill protection
  • Term and termination
  • License fees
  • Warranties by licensor
  • Third party claim
  • Limitation of liability
  • Assignment
  • Costs

The precedent includes a Schedule for variables and Annexure for graphical representations. 8 pages long.

 

 

 

 

Trademark License Agreement (Long)

A more extensive trademark license agreement including terms covering:

  • Exclusivity
  • Appointment of user
  • Payments
  • Promotion
  • Services
  • Execution
  • No agency
  • Similar marks
  • Maintenance of value
  • Marketing materials
  • Infringement proceedings
  • Indemnity
  • Termination
  • Warranties
  • Notices
  • Applicable law
  • GST
  • Charges
  • Exclusive/non-exclusive rights
  • Assignment
  • Amendments
  • Severability
  • Entire agreement

The agreement includes a Schedule for variables and Annexure for graphical representations.

9 pages long.

 

Assignment of Trademark Transfer with Goodwill

In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee.  The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money.

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 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 Trademarks Regulations 1995 (the ‘TM Regulations’). This suite is not concerned with the registration of Trademarks or other administrative procedures related to the operations of IP Australia.

The administration of the trademark registration system is undertaken by the Australian Trademarks 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 trademark 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.

An assignment of a trademark with goodwill 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.

The deeds are suitable for the Trademark Transfer with Goodwill as part of a sale of business. Includes:

  • Definitions, interpretation
  • Terms of Assignment
  • Assignor’s warranties
  • Further assurances
  • General provisions

Includes a description of the Trademark(s) in the Schedule, and attach any graphical representations to Annexure A.

Assignment of Trademark Transfer with Goodwill

7 pages long.