Assignment of Trademark Agreement

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This Assignment of Trademark is designed for use in Australia. This form is available for immediate download.

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An Assignment of Trademark is an agreement where the owner of a trademark transfers all or a portion of his/her rights in the trademark to another. This form is designed for the transfer of all of the rights in the mark, meaning that the owner, after executing the assignment, will no longer have any rights in the trademark. A written Assignment of Trademark will be helpful in the event of misunderstandings or litigation.

Among others, this form includes the following provisions:
  • Parties to the Agreement: This provision contains the identity and names of the parties entering into the assignment;
  • Assignment: This provision sets forth the payment given in consideration of the assignment;
  • Authority to Apply for Registration: This provision gives authorisation to the assignee to apply for trademark registration.

Protect your Rights and your Property by using our professionally prepared up-to-date forms.

This lawyer-prepared packet contains:
  1. Information
  2. Assignment of Trademark for use in Australia
Law Compliance: This form complies with the state and territory laws of Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
ASSIGNMENT OF TRADEMARK

 

 

THIS AGREEMENT is made the _________ day of _________, 20___.
BETWEEN: ________________[name of Assignor], ACN (if corporation)_____ of ___________________ [ address ] (the Assignor) of the first part
AND: ________________[name of Assignee], ACN (if corporation) of ___________________ [address ]  (the Assignee) of the second part.
Background:
 
A.    The Assignor is the registered proprietor in Australia under the Trademark/s Act 1955 (Cth) of the Trademark/s set out in the Schedule to this Agreement (the Trademark/s).
B.    That Assignor has adopted and is using the Trademark/s registered in the Australia Patent Office, Registration No: ______ [number], dated ______[date], more particularly described in Annexure 1, and Assignee is desirous of acquiring such Trademark/s and the registration thereof.
C.    The Assignor has agreed to assign and transmit all its rights in the Trademark/s  the goodwill of the business symbolised by said Trademark/s with its trade or business in the particular goods/services or classes of goods/services for which the Trademark/s have been used.
D.    The parties wish to formalise the assignment of the Trademark/s on the terms set forth in this Agreement.
 
NOW THE PARTIES AGREE as follows:
1. Assignment
In consideration for the payment of $_________ by the Assignee to the Assignor  receipt of which is hereby acknowledged  the Assignor hereby sells, assigns, transfers and sets over to the Assignee its full right, title and interest in and to the Trademark/s together with the goodwill associated with its trade in the particular goods/services or class of goods/services upon or in relation to which the Trademark/s have been used.
 
2. Warranty
The Assignor warrants that:
(1)     it has absolute title to the Trademark/s;
(2)     there are no outstanding encumbrances or other matters affecting its capacity to assign the Trademark/s to the Assignee; and
(3)     the Assignor has no knowledge of prior use of the Trademark/s by any other person.
 
3. Authority to apply for registration
Under this assignment, the Assignor hereby grants to the Assignee the full right and sole power and authority to apply for and obtain entry of its name as the registered proprietor of the Trademark/s by virtue of the said assignment.
 
4. Authorities
The Assignor further agrees to execute all documents to:
(a)     enable the Assignee to apply for and obtain registration as the registered proprietor of the Trademark/s; and
(b)     cancel the registration of any registered user of the Trademark/s.
 
5.    Governing law and jurisdiction
This agreement shall be governed by and construed in accordance with the laws of _____________ [Mention State or Territory] and each of the parties submits to the non-exclusive jurisdiction of its courts.
 
6.     Counterparts
This agreement may be executed in any number of counterparts. All of such counterparts taken together constitute the one instrument.
IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written.
 
____________________________Assignor's Signature___________________________Assignor's Printed Name____________________________Assignee's Signature____________________________Assignee's Printed Name
 
   
Witness Signature   
 
   
Full Name of Witness
 
 
 
 
 
 
SCHEDULE 1
Mark 
Registration No. 
Date of Registration 
Class 
Goods/ Services 
 
 
Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32624
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
ASSIGNMENT OF TRADEMARK

 

 

THIS AGREEMENT is made the _________ day of _________, 20___.
BETWEEN: ________________[name of Assignor], ACN (if corporation)_____ of ___________________ [ address ] (the Assignor) of the first part
AND: ________________[name of Assignee], ACN (if corporation) of ___________________ [address ]  (the Assignee) of the second part.
Background:
 
A.    The Assignor is the registered proprietor in Australia under the Trademark/s Act 1955 (Cth) of the Trademark/s set out in the Schedule to this Agreement (the Trademark/s).
B.    That Assignor has adopted and is using the Trademark/s registered in the Australia Patent Office, Registration No: ______ [number], dated ______[date], more particularly described in Annexure 1, and Assignee is desirous of acquiring such Trademark/s and the registration thereof.
C.    The Assignor has agreed to assign and transmit all its rights in the Trademark/s  the goodwill of the business symbolised by said Trademark/s with its trade or business in the particular goods/services or classes of goods/services for which the Trademark/s have been used.
D.    The parties wish to formalise the assignment of the Trademark/s on the terms set forth in this Agreement.
 
NOW THE PARTIES AGREE as follows:
1. Assignment
In consideration for the payment of $_________ by the Assignee to the Assignor  receipt of which is hereby acknowledged  the Assignor hereby sells, assigns, transfers and sets over to the Assignee its full right, title and interest in and to the Trademark/s together with the goodwill associated with its trade in the particular goods/services or class of goods/services upon or in relation to which the Trademark/s have been used.
 
2. Warranty
The Assignor warrants that:
(1)     it has absolute title to the Trademark/s;
(2)     there are no outstanding encumbrances or other matters affecting its capacity to assign the Trademark/s to the Assignee; and
(3)     the Assignor has no knowledge of prior use of the Trademark/s by any other person.
 
3. Authority to apply for registration
Under this assignment, the Assignor hereby grants to the Assignee the full right and sole power and authority to apply for and obtain entry of its name as the registered proprietor of the Trademark/s by virtue of the said assignment.
 
4. Authorities
The Assignor further agrees to execute all documents to:
(a)     enable the Assignee to apply for and obtain registration as the registered proprietor of the Trademark/s; and
(b)     cancel the registration of any registered user of the Trademark/s.
 
5.    Governing law and jurisdiction
This agreement shall be governed by and construed in accordance with the laws of _____________ [Mention State or Territory] and each of the parties submits to the non-exclusive jurisdiction of its courts.
 
6.     Counterparts
This agreement may be executed in any number of counterparts. All of such counterparts taken together constitute the one instrument.
IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written.
 
____________________________Assignor's Signature___________________________Assignor's Printed Name____________________________Assignee's Signature____________________________Assignee's Printed Name
 
   
Witness Signature   
 
   
Full Name of Witness
 
 
 
 
 
 
SCHEDULE 1
Mark 
Registration No. 
Date of Registration 
Class 
Goods/ Services 
 
 
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