You can assign a trademark during the application process.  Whether the trade mark is in the process of being registered or unregistered, the assignor or the assignee will have to notify the Registrar by lodging a form to record the transfer of ownership, or the trademark’s transmission.

Suitable for the sale of a trademark which is in the process of being registered. Includes:

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

Include a description of the Trademark in the Schedule, and attach any graphical representations to Annexure A.

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 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.