trademark assignment agreement template

Free Trademark Assignment Agreement Template for Microsoft Word

Download this free Trademark Assignment Agreement template as a Word document to outline transfers and interests in a trademark from one party to another

Trademark Assignment Agreement

This Trademark Assignment (hereinafter referred to as the “Assignment”) is made and entered into on [Insert Date Here] (the “Effective Date”) by and between the following parties:

[Insert Assignor Name] [Insert Assignor Address]

(the “Assignor”)

[Insert Assignee Name] [Insert Assignee Address]

(the “Assignee”)

WHEREAS, the Assignor is the sole and rightful owner of certain trademarks and/or service marks and the corresponding registrations and/or applications for registration (collectively referred to as the Trademarks) set forth in Exhibit A attached hereto; and

WHEREAS, the Assignee desires to purchase or acquire the Assignor’s right, title, and interest in and to the Trademarks; and

WHEREAS, the Assignor and Assignee are both duly authorized and capable of entering into this Assignment.

NOW, THEREFORE, for valuable consideration, the receipt of which is acknowledged, the parties hereto agree as follows:

1. ASSIGNMENT.

The Assignor does hereby sell, assign, transfer and set over to Assignee all of its right, title, and interest in and to the Trademarks in the United States and all jurisdictions outside the United States including, without limitation, the ongoing and existing portion of the Assignor’s business associated with the Trademarks, together with the goodwill of the business connected with and symbolized by the Trademarks (including, without limitation, the right to sue and recover for any past or continuing infringements or contract breaches related to the Trademarks, the right to renew any registrations included in the Trademarks, the right to apply for trademark registrations within or outside the United States based in whole or in part upon the Trademarks, and any priority right that may arise from the Trademarks), the same to be held and enjoyed by Assignee as fully and entirely as said interest could have been held and enjoyed by Assignor had this sale, assignment, transfer and conveyance not been made.

The Assignor authorizes the United States Patent and Trademark Office and any other applicable jurisdictions outside the United States to record the transfer of the registrations and/or registration applications set forth in Exhibit A to Assignee as the recipient of Assignors entire right, title, and interest therein.

Assignor further agrees to upon the request and at the expense of Assignee: (a) cooperate with Assignee in the protection of the trademark rights and prosecution and protection of foreign counterparts; (b) execute, verify, acknowledge and deliver all such further papers, including registration applications and instruments of transfer; and (c) perform such other acts as Assignee lawfully may request to obtain or maintain the Trademarks and any and all applications and registrations for the Trademarks.

2. WARRANTY.

Assignor warrants that Assignor is the legal owner of all right, title, and interest in the Trademarks, that the Trademarks have not been previously pledged, assigned, or encumbered, and that this Assignment does not infringe on the rights of any person.

3. GOVERNING LAW.

This Assignment is governed by and is to be construed in accordance with the laws of the State of [Insert State]

4. ENTIRE AGREEMENT.

This Assignment constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.

5. SEVERABILITY.

If one or more provisions of this Assignment are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. If the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision will be excluded from this Assignment, (ii) the balance of the Assignment will be interpreted as if such provision were so excluded and (iii) the balance of the Assignment will be enforceable in accordance with its terms.

6. ADVICE OF COUNSEL.

EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT WILL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.

IN WITNESS whereof, the Assignor and Assignee have executed this Agreement as of the Effective Date.

By: ___________________________________ Date: __________________ _________________

[Notary Acknowledgement to Follow]

List of Trademark/Service Mark

Trademark/Service mark: _________________ Registration/Application number: _________________ Dated: _________________

Assignor Acknowledgement

State of _________________ ) County of _________________ )

On ____________________ before me the undersigned Notary Public, personally appeared ____________________________ ASSIGNOR, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of _________________ that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

________________________________________ (Notary Seal) Notary Public

________________________________________ My commission expires

Assignee Acknowledgement

On ____________________ before me the undersigned Notary Public, personally appeared ____________________________ ASSIGNEE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

What Is a Trademark Assignment Agreement?

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What Is a Trademark Assignment?

How to record a trademark assignment, trademark assignment agreement template.

A Trademark Assignment Agreement is a legal document that allows parties, an assignor and assignee, to record the purchase and sale of a federally registered trademark. This is the document for you if you need to buy or sell a registered trademark or service mark and if you want to remove, add, or change the name of the owner of the mark. Whether your transaction involves a trademark, logo, or service mark, this agreement will help make the transfer of ownership legitimate.

Alternate Name:

Trademark Assignment Contract.

If you need to transfer an owner's rights, interest, and title of a trademark or service mark, you may download a Trademark Assignment Agreement template below or draft a more personalized document using our online form builder .

A "trademark assignment" means the transferring party (the assignor) transfers to the receiving party (the assignee) the property rights in a trademark or service mark. When you assign the trademark, you also convey the goodwill or business associated with it - a transfer of ownership without goodwill is invalid. A trademark or service mark is a valuable asset and prized possession because it helps the customer to quickly associate specific qualities with a recognizable brand. A proper assignment of trademark will prevent the loss of time, money, and image for both parties .

The assignment of a legally recognized symbol, word, phrase, or design must be done in writing to provide a record of ownership and transfer and protect the rights of both parties in case of a potential dispute or disagreement. To be valid, a Trademark Assignment Agreement has to include the following information:

Identification. The names of the assignor and the assignee, their addresses, and telephone numbers .
Trademarked Item. Description of the trademark to be assigned and any relevant registrations or applications for the mark. The assignor transfers to the assignee all the interest in the mark, including the income and royalties payable to the assignor regarding the mark and all rights to sue for the infringement or misappropriations of the mark.
Warranty. The assignor confirms the legal ownership of all rights, title, and interest in the trademark and certifies that the trademark has not been previously assigned, encumbered, or pledged - that is, the agreement will not infringe on the rights of another individual or entity.
Purchase Price. Any trademark has a monetary value, so the assignee must pay the assignor a consideration. Before you sell all of your rights in a trademark, make sure this is the best course of action for you and your business - that one-time payment is all that you will receive for the trademark.
Verification. Signatures of the parties and the actual date of signing.

Both parties are highly encouraged to review the agreement carefully to ensure the inclusion of all relevant deal points - state expressly all the expectations and terms, it is better to be over-inclusive.

You may obtain a notary seal if you wish - the notarization is not strictly required, but recommended. Once the assignment is recorded, the assignee must register it with the U.S. Patent and Trademark Office, otherwise, the agreement will not be effective. You can do it online via the Electronic Trademark Assignment System or by mail - complete the Recordation Form Cover Sheet to transfer ownership and mail it to the Mail Stop Assignment Recordation Branch, Director of the US Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450.

Download Trademark Assignment Agreement Template

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Trademark Assignment: How to Transfer Trademark Ownership

Trademarks are valuable representations of the goodwill of your business that connects a specific product to your brand for your consumers. As your startup or business matures (or if you acquire a company) you will likely need a trademark assignment agreement. This is a type of agreement for transferring ownership that provides a variety of business benefits necessary for protecting purchased or transferred trademark rights.

Table of Contents

What Is Trademark Assignment?

A trademark assignment is the formal process for transferring the ownership of a trademark and the associated rights that ownership provides (e.g., use, licensure, further assignment, etc.). Often, a trademark assignment is part of a larger transaction such as an asset purchase agreement or a corporate reorganization.

When Is the Assignment of Trademark Procedure Necessary?

You will need an assignment of trademark any time you are transferring trademarks permanently. Such transfers can be within a larger corporate structure (e.g., from a parent company to a subsidiary), to a family member (e.g., via an estate administration), or to an outside party via sale.

For situations that don’t involve the owner of the trademark transferring to a new owner, you may consider a trademark licensing agreement. Unlike a trademark assignment, a license does not transfer ownership, and instead, gives the rights commonly associated with ownership. For example, you typically see trademark licensing in the context of franchise agreements, merchandising, endorsement deals, etc.

Here’s How to Transfer Trademark Ownership

The process for transferring a trademark via assignment may vary depending on the context of your situation. Relevant to determining the process will be the nature of the transaction along with the relationship between the assignee and assignor. Your checklist will also vary depending on if you are the buyer or seller of the trademark. That said, you will generally consider the following steps for a complete assignment:

Due diligence
Determine authority to transfer the trademark
Execute trademark assignment agreement (What should be included in a trademark assignment form)
Complete ancillary agreements necessary to give effect to trademark transfer
Notify the U.S. Patent and Trademark Office (USPTO) of change of ownership

1. Due Diligence

Not all trademarks are created equally because of their rights that exist in common law and through statutory law at the state and federal levels. As a result, it’s important to research the trademark status before taking possession. Primarily, you will want to search for its registration number with applicable state and federal agencies (i.e., the USPTO). Having a registered mark improves your ability to enforce against trademark infringement and protect its value after acquisition as part of the goodwill of the business.

2. Determine Authority to Transfer the Trademark

Another integral part of transferring a trademark through an assignment is verifying that the assignor has the authority to transfer the title to the assignee. Your Florida trademark lawyer will be able to help you verify that authority, but you will generally check in two ways. The first will be confirming ownership reflected on trademark registration documents recorded with the USPTO. However, you will also want to confirm that ownership and authority via the business entity organizational documents.

3. Execute Trademark Assignment Agreement

After completing proper due diligence, you will need to execute a trademark assignment agreement. The purpose of the agreement is to provide evidence of the transfer and to allocate rights and obligations among the assignor and assignee.

What Should Be Included in a Trademark Assignment Form?

The contents of your trademark assignment agreement will also depend on the nature of the transaction and the relationship between the original owner and the new owner of the mark. Typically, you will see the following elements with a trademark assignment form contract:

Names of the parties and the agreement’s effective date
Recitals explaining the circumstance for the trademark transfer (e.g., gift, reorganization, purchase asset agreement, etc.)
Consideration for the intellectual property transfer (e.g., value exchanged such as cash, real estate, or other personal property
Representations and warranties surrounding past use, current owner, etc.
Indemnity surrounding past or future claims related to the use of the trademark
Conflict resolution provisions (e.g., mediation, arbitration, governing law, choice of venue, etc.)

4. Complete Ancillary Agreements

As mentioned above, transferring ownership of the trademark is likely part of a larger transaction such as the sale of a company. This fact usually means you will need to complete other contracts and documents for the assignment to be enforceable. To name a few, such documents might include:

Asset purchase agreement
USPTO forms
Assumption of liability agreement
Intellectual property licensing agreements
Corporate consent resolutions

5. Notify the USPTO of Change of Ownership

Part of a complete assignment of a trademark will require finishing the USPTO application process for a name change on the trademark registration. It’s important to notify the USPTO of the change in ownership and to update contact information for future correspondence related to your trademark. Additionally, maintaining accurate information with the USPTO for your registered trademark is necessary for protecting your trademark rights against infringement, dilution, and other legal issues.

What Are the Implications if a Trademark Transfer Is Not Done Properly?

Failing to properly transfer a trademark from one party to another can lead to exposure and create unnecessary risk. Most of the consequences stem from the fact that improper trademark transfers create confusion about who actually owns the mark. If uncertainty exists about proper ownership, it can make it more difficult to enforce your trademark rights and protect against future trademark infringement or track trademark infringement statute of limitations .

When it appears multiple parties have rights to a trademark, it can also create a risk of trademark dilution (i.e., its use becomes more in the public domain, weakening its proprietary value). As a final point, trademark transfers are usually part of a broader transaction, and failing to properly execute the assignment may jeopardize the success of the whole transaction or, at the least, substantially add to the closing costs.

As detailed above, a trademark assignment form should provide all of the information surrounding the transfer (e.g., party names, effective date, value transferred, warranties, etc.). Additionally, the assignment should provide for more general contract terms related to termination rights, conflict resolution methods, indemnities, and necessary cross-references with any simultaneously entered into agreements.

Need Help with a Trademark Assignment Agreement?

If you are in the process of buying, selling, or otherwise transferring a trademark, then a trademark assignment agreement will be a key document for establishing and protecting those trademark rights. The trademark attorneys at our firm help clients draft and negotiate these agreements along with related legal advice and services such as representations in front of the USPTO.

Contact Cueto Law Group today to properly transfer ownership of a trademark.

Trademark Assignment Template Sample

Below are a PDF and Word version of a trademark consent agreement template that you can review as a trademark assignment agreement sample. As a reminder, these are just sample forms and further modification is likely necessary to meet any particular assignment needs.

Key Takeaways on How to Transfer a Trademark

When transferring a trademark, two fundamentals will be essential for increasing the chances of a smooth transition. The first is having sound documentation and contracts (i.e., an assignment agreement) in place between the assignor and assignee. The second is confirming that all applications and registrations with the USPTO accurately reflect that new proprietorship.

Can You Use an Asset Purchase Agreement in Place of a Trademark Transfer Agreement?

Depending on the complexity of the sale, you may be able to incorporate a trademark assignment into an asset purchase agreement (APA) rather than using a separate trademark transfer agreement. Generally, APAs are much more complex documents, and an assignment agreement is a better vehicle for transferring titles.

How Do I Submit a Trademark Assignment to USPTO?

The USPTO has an Electronic Trademark Assignment System (ETAS) where you can submit and record the transfer of the trademark or simply update name change in ownership (e.g., if you recently married or divorced). Alternatively, you can submit the information via mail using a Recordation Form Cover Sheet.

Do Patent Assignments Need to Be Recorded?

Yes, recording a patent assignment with the USPTO is recommended and sometimes necessary for many of the same reasons why recording a trademark assignment is worthwhile. You can record a patent assignment through a similar USPTO system as you would for a trademark, known as the Electronic Patent Assignment System.

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Trademark Assignment Agreement

Jump to section.

A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment. The agreement typically includes details about the trademark, the parties involved, and the terms and conditions of the transfer.

A properly executed trademark assignment agreement can help ensure that the new owner has full legal rights to use, sell, or license the trademark while protecting the interests of the original owner. This type of agreement is commonly used in business transactions such as mergers and acquisitions, where trademarks are often valuable assets.

Essential Elements of a Trademark Assignment Agreement

A trademark assignment agreement in California must meet certain requirements to be legally binding and enforceable. Here are some of the essentials of a trademark assignment agreement in California:

The agreement must identify the transferred trademark, including any registration or application numbers, and describe the goods or services associated with the trademark.

The agreement must clearly state that the current owner (assignor) is transferring ownership of the trademark to the new owner (assignee). It should also state that the assignor has the legal right to transfer trademark ownership.

The agreement should specify the consideration that the assignee provides in exchange for transferring the trademark. It can be a monetary payment or other valuable consideration.

The agreement should contain representations and warranties by both the assignor and assignee, such as the assignor's ownership of the trademark and the assignee's ability to use and exploit the trademark.

The agreement should include a provision for the assignment of goodwill associated with the trademark, which refers to the intangible value of the trademark's reputation and customer loyalty.

The agreement may also include provisions for the assignment of ancillary rights, such as the right to sue for infringement, the right to use the trademark in advertising, and the right to license the trademark to others.

The agreement must be signed by both the assignor and assignee and should include the date of execution.

Overall, a trademark assignment agreement in California should be clear, concise, and comprehensive and accurately reflect both parties' intentions.

Importance of a Trademark Assignment Agreement

A trademark assignment agreement is an important legal document that transfers ownership of a trademark from one party to another in California. Here are some reasons why a trademark assignment agreement is important:

A trademark assignment agreement establishes the legal transfer of ownership of the trademark from the assignor to the assignee. This helps to ensure that the new owner has full legal rights to use, sell, or license the trademark.

A trademark is a valuable asset representing a business's goodwill and reputation. A properly executed trademark assignment agreement helps to protect the assignee's investment by ensuring that they have the legal right to use and exploit the trademark.

A trademark assignment agreement can help avoid confusion and disputes over trademark ownership. It provides a clear record of the transfer of ownership and can be used as evidence in case of any legal disputes.

A trademark assignment agreement can enable the assignee to license the trademark to others. It can be a valuable source of income for the assignee and help increase the trademark's value.

A trademark assignment agreement is often used in business transactions such as mergers and acquisitions, where trademarks are a valuable asset. It helps to ensure that the transfer of ownership is legally valid and provides a clear transaction record.

Overall, a trademark assignment agreement is an important legal document that helps to protect the interests of both the assignor and assignee. It provides a clear record of the ownership transfer and can help avoid confusion and disputes over ownership of the trademark. It is important to consult with a qualified attorney to ensure that the agreement meets all legal requirements and adequately protects the parties' interests.

Benjamin E.

Common mistakes to avoid in trademark assignment agreement.

When drafting or executing a trademark assignment agreement in California, several common mistakes should be avoided to ensure the agreement is legally valid and enforceable.

The agreement should identify the transferred trademark, including any registration or application numbers, and describe the goods or services associated with the trademark.

The agreement should include all parties involved in transferring the trademark, including any successors or assigns. Failing to include all parties can result in a lack of clarity over who owns the trademark.

The agreement should specify the assignee's consideration in exchange for the trademark transfer. If the consideration is not accurately described, the agreement may be challenged as unenforceable.

The agreement should include provisions for the assignment of ancillary rights, such as the right to sue for infringement, the right to use the trademark in advertising, and the right to license the trademark to others. Failing to address these rights can result in a lack of clarity over the assignee's legal rights to use and exploit the trademark.

The agreement must be signed by both the assignor and assignee and should include the date of execution. Failing to obtain proper signatures can result in a lack of clarity over whether the transfer of ownership is legally valid.

Trademark law can be complex and nuanced. It is important to consult with a qualified attorney to ensure that the agreement meets all legal requirements and adequately protects the parties' interests.

Overall, it is important to carefully draft and execute a trademark assignment agreement in California to ensure it is legally valid and enforceable. Avoiding these common mistakes can help to ensure that the agreement accurately reflects the intentions of both parties and protects their legal rights.

Key Terms for a Trademark Assignment Agreement

Trademark: It is a recognizable sign, design, or expression that identifies and distinguishes the source of a product or service from those of others.
Assignor: The assignor is the party currently owning the trademark and transferring ownership to another party through the trademark assignment agreement.
Assignee: The assignee is the party acquiring ownership of the trademark through the trademark assignment agreement.
Goodwill: Goodwill is the intangible value associated with a trademark built up through the use and reputation of the mark in the marketplace.
Consideration: It refers to the compensation or value exchanged between the assignor and assignee as part of the trademark assignment agreement. This can include monetary payment, goods or services, or other forms of value.

Final Thoughts on a Trademark Assignment Agreement

In conclusion, a trademark assignment agreement is an important legal document that transfers ownership of a trademark from one party to another in California. The agreement is essential to protect the legal rights and investments of both the assignor and assignee and avoid confusion and disputes over trademark ownership.

When drafting or executing a trademark assignment agreement in California, it is important to avoid common mistakes, such as failing to identify the trademark, incorrectly describing the consideration, and not obtaining proper signatures.

Consulting with a qualified attorney can help ensure the agreement meets all legal requirements and adequately protects the parties' interests. Overall, a properly executed trademark assignment agreement can provide a clear record of the transfer of ownership and enable the assignee to use, sell, or license the trademark with confidence.

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Meet some of our Trademark Assignment Agreement Lawyers

Diana is a registered patent attorney and licensed to practice law in Florida and in federal courts in Florida and in Texas. For nearly a decade, Diana has been known as the go-to brand builder, business protector, and rights negotiator. Diana works with individual inventors, startups, and small to medium-sized closely held business entities to build, protect, and leverage a robust intellectual property portfolio comprising patents, trademarks, copyrights, trade dress, and trade secrets.

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

A corporate and commercial attorney with experience in transactional legal services including corporate and finance transactions, mergers and acquisitions, real estate, commercial contracts, bankruptcy, restructuring, international business transactions and general counsel services. Additional background skills and experience include investment banking, financial analysis, and commercial litigation. Sectors covered include technology, media, franchises, and business services providers, from start-ups to medium and large enterprises.

Jonathan H.

I’m an attorney focusing my practice on concierge corporate and intellectual property law for startups and high-growth companies. I also serve as outside General Counsel to several businesses in various sectors. Since founding my practice I've worked with hundreds of clients across a variety of industries. My experience as a former General Counsel of a premier edtech company gives me unique insight into the challenges my clients face and how to resolve them efficiently and cost-effectively.

The Law Office of George K. Fuiaxis, from the very beginning in 2002, has built a reputation with its clients as an unmatched, diligent, hands on law practice that is always on duty to find the best course of action for its clients. With a supreme pledge of exceptional service to its clients in the areas of Real Estate (Commercial & Residential), Loan Modifications, Intellectual Property, Corporate Law & Business Transactions, Wills, Trusts & Estates, the Law Office of George K. Fuiaxis creates solutions for the many faceted problems faced by its clients. The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies.

I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple. Among other things, I can efficiently assist you on entity formation, governance, and structure; HR issues; mergers and acquisitions; and the negotiation and drafting of all types of commercial contracts. I'm the proud recipient of multiple Martindale-Hubbell Client Distinction Awards given only to the top 5% of attorneys for quality of service.

Strategic thinking business minded Outside General Counsel here to help you with your company. I have been able to help guide business owners from startup through series A, B, & C funding and ultimately IPO's. Regardless of your plans I am here to help you succeed as you grow your business.

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Step-by-Step Guide to Drafting a Trademark Assignment Agreement

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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

Introduction

Drafting a trademark assignment agreement is an important part of protecting your business and its associated trademark rights. By clearly outlining the rights and responsibilities of both assignor and assignee, this document helps ensure that the trademark remains in your control and safe from potential infringement or competition.

For business owners, a trademark assignment agreement sets out the obligations of the assignor to protect and maintain the trademark, as well as granting exclusive rights to use it to the assignee. It also establishes any applicable fees or royalties due for using the mark, making sure that you are properly compensated should others wish to use it for their own purposes. This document can be used to prevent such unauthorised uses from occurring in the first place.

A properly drafted agreement also makes sure that you have legal title over your mark - enabling you to use it across multiple products, packaging and advertising without fear of being challenged for its ownership status. Furthermore, by having a legally binding contract in place between yourself (the assignor) and another party (the assignee), any potential infringers are made aware that using your mark without permission would carry legal consequences.

At Genie AI we understand how difficult drafting this kind of document can be - so we’ve created an open source legal template library with millions of datapoints teaching us what a market-standard trademark assignment agreement looks like. With our community template library at hand, anyone can draft and customise high quality legal documents without having to pay an expert lawyer - meaning you don’t need a Genie AI account just yet! Read on below for our step-by-step guidance on how to create your perfect draft agreement today!

Definitions (feel free to skip)

Lanham Act: A federal statute in the United States which provides for the registration and protection of trademarks in interstate commerce. Assignor: The person or entity transferring the trademark. Assignee: The person or entity receiving the trademark. Jurisdiction: The geographical area where a court has authority to hear a legal case. Non-compete clause: A clause in an agreement that restricts one or both of the parties from entering into a similar agreement with a competing entity. Confidentiality agreement: An agreement between two or more parties that requires them to keep certain information private. Consideration: Something of value given in exchange for something else. Indemnification clause: A clause in an agreement that protects one or both of the parties from certain legal liabilities. Specific performance: A court order that requires one or both of the parties to a contract to fulfill their obligations under the agreement.

Outline the purpose of the trademark assignment agreement
Explain the purpose of the agreement
Identify the trademark to be assigned
Discuss the relevant trademark law and regulations
Identify the applicable laws and regulations
Discuss how the laws and regulations will affect the agreement
Describe the parties involved in the agreement
Identify the assignor and assignee
Describe the relationship between the parties involved
Explain the scope of the agreement
Discuss the scope of the rights and obligations of the assignor and assignee
Outline the geographic extent of the assignment
Discuss the terms of the agreement
Outline the financial terms of the agreement
Identify any additional obligations or restrictions
Outline the obligations of each party
Describe the assignor’s obligations
Describe the assignee’s obligations
Detail the process for registration of the trademark
Discuss the process for filing of the trademark application
Explain the process for registration of the trademark
Discuss the grounds for termination of the agreement
Outline the grounds for termination of the agreement
Specify any notice requirements
Describe the remedies for breach of the agreement
Explain the remedies available to each party in the event of a breach
Outline the process for enforcement of the agreement
Explain the process for dispute resolution
Describe the process for resolving disputes
Discuss the parties’ rights and obligations during the dispute resolution process
Detail how to obtain the executed agreement
Explain the process for obtaining the signed agreement
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Q: what is the difference between uk and us trademark assignment agreement.

Asked by Aiden on 11th May 2022. A: UK and US trademark assignment agreements are similar, but there are some important differences. In the UK, assignment agreements are governed by the Trade Marks Act 1994, which provides for the transfer of one party’s exclusive rights in a trademark to another party. In the US, assignment agreements are governed by the Lanham Act, which is a federal law setting out the rules for registering and protecting trademarks. The Lanham Act also provides for the transfer of ownership of a mark from one party to another. The key difference between the two jurisdictions is that in the US, an assignor must be registered in order to assign their trademark rights to a new owner. In the UK, registration is not required for an assignment agreement to be valid.

Q: Are there any specific industry-related considerations when drafting a trademark assignment agreement?

Asked by Landon on 15th August 2022. A: Yes, it is important to consider industry-specific issues when drafting a trademark assignment agreement. For example, if you are in the technology sector, you may need to include provisions regarding software updates, compatibility with other technologies, or any other industry-specific considerations that may be relevant to your particular business model or sector. Additionally, it is important to consider any applicable laws or regulations in your jurisdiction regarding trademark use and protection, as these may impact your agreement’s terms and conditions.

Q: How detailed should a trademark assignment agreement be?

Asked by Emma on 9th November 2022. A: A trademark assignment agreement should be as detailed as necessary to ensure that all parties understand their respective rights and obligations under the agreement. This should include details such as who will own the mark after the assignment takes place; what kind of license(s) will be granted; any restrictions on how the mark can be used; and any other details necessary to ensure that all parties understand what is expected of them under the agreement. It is also important to ensure that you include all necessary details so that both parties can enforce their rights if needed in the future.

Q: Is it possible to assign a trademark without registering it?

Asked by Ethan on 2nd February 2022. A: Yes, it is possible to assign a trademark without registering it depending on jurisdiction. In some jurisdictions such as the United States, registration of a mark is required for an assignor to transfer their rights in the mark to another party via an assignment agreement. In other jurisdictions such as the United Kingdom, registration of a mark is not required for an assignor to transfer their rights in the mark via an assignment agreement. It is important to research applicable laws and regulations in your particular jurisdiction before attempting to assign a trademark without registration.

Q: How do I protect my intellectual property (IP) when drafting a trademark assignment agreement?

Asked by Mason on 5th July 2022. A: It is important to protect your intellectual property (IP) when drafting a trademark assignment agreement by including provisions that clearly state who has ownership rights over any IP associated with the transferred mark and how it can be used. Additionally, you should consider including provisions that set out how disputes involving IP will be handled and any applicable time limitations on filing claims related to IP rights associated with the transferred mark. By doing so, you can ensure that both parties are fully aware of their respective rights and obligations under the agreement and that your IP is adequately protected from potential misuse or infringement by third parties.

Example dispute

Possible lawsuits involving trademark assignment agreements.

Plaintiff may sue if their trademark was assigned without their knowledge or consent.
Plaintiff may sue if the trademark assignment agreement was not honored or followed.
Plaintiff may sue if the trademark assignment agreement was not properly executed.
Plaintiff may sue if the trademark assignment agreement contains unfair or one-sided provisions.
Plaintiff may sue if the trademark assignment agreement contains ambiguous or vague language.
Plaintiff may sue if the trademark assignment agreement was obtained through fraud, misrepresentation, or duress.
Plaintiff may sue if the trademark assignment agreement was breached.
Plaintiff may sue if the trademark assignment agreement was not properly registered.
Plaintiff may sue if the trademark assignment agreement was not properly enforced.
Plaintiff may sue if the trademark assignment agreement was used to unfairly compete with them.
Plaintiff may sue if the trademark assignment agreement was used to infringe on their trademark.
Plaintiff may sue if the trademark assignment agreement was used to commit deceptive trade practices.
Plaintiff may sue if they have suffered damages as a result of the trademark assignment agreement.
Plaintiff may sue to seek an injunction to prevent further violations of the trademark assignment agreement.
Plaintiff may sue to seek monetary damages, including lost profits and/or attorney’s fees.

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Trademark assignments: Transferring ownership or changing your name

Assignment Center

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is pending or after your trademark has registered. Use Assignment Center to transfer ownership or to request a change in name. See our how-to guide for trademarks on using Assignment Center.

Here are examples of common reasons:

I’ve sold my business and need to transfer ownership of the trademark. This is a transfer of ownership called an assignment.
I got married just after I filed my application and my last name changed. This is a name change of the owner.

There are fees associated with recording assignments, name changes, and other ownership-type changes with the USPTO. See the Trademark Services Fee Code “8521” on the current fee schedule to find the specific fee amount.

See the correcting the owner name page to learn if you can correct an error in the owner's name that does not require an assignment.

Limitations based on filing basis

Intent-to-use section 1(b) applications.

If you’re transferring ownership to a business successor for the goods or services listed in your identification, you can file your assignment at any time. In all other cases, you must wait until after you file an Amendment to Allege Use or a Statement of Use before you file your assignment. For more information, see the Trademark Manual of Examining Procedure (TMEP) section 501.01(a) .

Madrid Protocol section 66(a) U.S. applications and registrations

All ownership changes involving international registrations must be filed with the International Bureau of the World Intellectual Property Organization (WIPO). Follow the guidance on the WIPO website about changing ownership or changing an owner’s or holder’s name. See the TMEP section 502.02(b) for more information.

How to update ownership information

Submit a request to transfer ownership or change the name.

Use Assignment Center to submit your request to transfer ownership or change the owner name for your U.S. application or registration. You will need to fill out a cover sheet with certain information and may also need to upload supporting documents, depending on the type of change. Also, be prepared to pay the Trademark Services Fee Code “8521” on the current fee schedule .

You'll receive a notice of recordation or non-recordation

In about seven days, look for your notice. If you don’t receive one, contact the Assignment Recordation Branch . The Notice of Non-Recordation will explain the reason your request to record was denied. Here are four common reasons:

A critical piece of information was omitted from the cover sheet.
The document is illegible or not scannable.
The information on the cover sheet and the supporting document do not match.
The assignment was not transferred with the good will of the business.

USPTO trademark database will be automatically updated after recordation

Once recorded, the trademark database should reflect the new owner information or name change. Check the Trademark Status and Document Retrieval (TSDR) system to see if the owner information has been updated. See below for information about what to do if the database isn’t updated.

What to do if the USPTO trademark database isn’t updated

In some cases, the USPTO will not automatically update the trademark database to show the change in ownership or name. This could happen when the execution date conflicts with a previously recorded document or multiple assignments have the same execution date on the same date. For more information, see TMEP section 504.01 .

If the trademark database wasn’t updated and your trademark has not published in the Trademark Official Gazette yet, and you need to respond to an outstanding USPTO letter or office action, use the appropriate Response form to request the update of the owner information. If you don’t have a response due, use the Voluntary Amendment form . To do this,

Answer “yes” to the question at the beginning of the form that asks if you need to change the owner’s name or entity information.
Enter the new name in the “Owner” field in the “Owner Information” section of the form.

Your request to update the owner information will be reviewed by a USPTO employee and entered, if appropriate. To request the owner information be updated manually when your trademark has already published or registered, use the appropriate form listed in the “Checking the USPTO trademark database for assignment/name change” section below.

If you made an error in your Assignment Center cover sheet

Immediately call the Assignment Recordation Branch to request possible suspension of the recordation. The recordation may be suspended for two days. You’ll be instructed to email the specialist you speak with requesting the cancellation and that a refund be issued. However, if the assignment has already been recorded, your request will be denied. You must then follow the procedures outlined in the TMEP section 503.06 to make any corrections to the assignment.

We strongly recommend filing these changes online using Assignment Center , which will record your changes in less than a week. It is possible to request these changes by paper using the Recordation Form Cover Sheet and mailing the cover sheet, any supporting documentation, and fee to:

Mail Stop Assignment Recordation Branch Director of the U.S. Patent and Trademark Office PO Box 1450 Alexandria, VA 22313-1450

If you file by paper, we will record your changes within 20 days of filing.

Checking the USPTO trademark database for assignment /name change

After you receive a Notice of Recordation, wait one week before checking to see if the owner information has been updated in your application or registration in the trademark database. Follow these instructions:

Go to TSDR .
Enter the application serial number or registration number.
Select the “Status” button.
Scroll down to the “Current Owner(s) Information” section.
Check to see that your owner information was updated correctly.

If the owner information hasn’t yet been updated, go to the “Prosecution History” section in TSDR to see the status of the assignment or name change. It can take up to seven days to see an entry in the Prosecution History regarding the assignment. If an entry shows "Ownership records not automatically updated," you will need to submit a TEAS form making the owner or name change manually.

The form you need depends on where your application is in the process.

If your trademark has not published in the Trademark Official Gazette yet, use the TEAS Response to Examining Attorney Office Action form or the TEAS Voluntary Amendment form . If you are responding to an outstanding USPTO Office action regarding your application or registration, use the TEAS response form.
If your trademark has published but hasn't registered, use the TEAS Post-Publication Amendment form .
If your trademark is registered , use the TEAS Section 7 Request form . A fee is required.

Updating your correspondence information

If your ownership information is automatically updated in TSDR , you must ensure your correspondence information, including any attorney information, is also updated. To update your correspondence or attorney information, use the TEAS Change of Address or Representation (CAR) form . This form cannot be used to change the owner name.

For further information, see TMEP Chapter 500 and look at the frequently asked questions .

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Sample Trademark Assignment Agreement

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This trademark license agreement is between , an individual a(n) (the " Licensor ") and , an individual a(n) (the " Licensee ").

The Licensor (i) has registered or (ii) has applied for registration of the trademarks and service marks listed on Schedule 1 (collectively, the " Marks ").

The Licensee is engaged in (the " Licensee Business ").

The Licensee wants to use the Marks in connection with the Licensee Business and to produce the licensed products and services listed on Schedule 2 (collectively, the " Licensed Products or Services "); and

The Licensor is willing to permit the Licensee to use the Marks in connection with the Licensee Business for the mutual benefit of the parties.

The parties therefore agree as follows:

1. GRANT OF LICENSE.

(a) License . The Licensor hereby grants to the Licensee a non exclusive, worldwide, nontransferable, nonsublicensable, revocable license to use the Marks, solely in connection with the Licensee Licensed Products or Services in the Territory (as defined in section ) . The Licensee may make no other use of the Marks and this license does not include any right for the Licensee to grant sublicenses.
(b) No Unrelated Use . The Licensee may not use a Mark in connection with a business unrelated to the Licensed Products or Services without the prior written approval of the Licensor.
(c) No Use of Other Trademarks . The Licensee has no right or license to use any trademark, service mark, or trade name of the Licensor that is not listed on Schedule 1 .
(d) Licensor's Use of Marks. The Licensor reserves the right to use , and to license other parties to use, the Licensed Marks throughout the world for any purpose.

2. NO ASSIGNMENT OR TRANSFER.

The Licensee hereby acknowledges and agrees that the rights granted to the Licensee by and obtained by the Licensee as a result of or in connection with this agreement are license rights only, and that nothing contained in this agreement constitutes an assignment of the Licensor's rights in the Marks.

3. TERRITORY.

During the Term (as defined below), the Licensee may use the Marks only in the following geographical area (the " Territory "): .

4. TERM AND TERMINATION.

(a) Term. This agreement will become effective as described in section . Unless it is terminated earlier in accordance with subsection (b), this agreement will end on (the " Initial Term "). The Licensor may grant the Licensee an option (the " Option ") to extend the Initial Term for an additional period of months year(s) (the " Extension Term ") if the Licensee: (i) provides the Licensor with at least days' notice of its intention to exercise the Option and (ii) pays the Licensor for the Extension Term with its notice of the exercise of the Option. The Initial Term and the Extension Term are collectively referred to in this agreement as the " Term ."
(i) by either party for a material breach of any provision of this agreement by the other party, if the other party's material breach is not cured within days of receipt of written notice of the breach;
A. the Licensee attempts to assign, sublicense, transfer, or otherwise convey, without obtaining the
Licensor's prior written consent, any of the rights granted to the Licensee by or in connection with
this agreement;
B. the Licensee fails to obtain the Licensor's approval of the Licensee's use of the Marks in
accordance with section below;
C. the Licensee discontinues the manufacture and sale of the Licensed Products or Services for a
period of consecutive months after the effective date described in section ;
D. the Licensee uses the Marks in a manner that violates, or is otherwise inconsistent with, the
restrictions imposed by section below; or
E. the Licensee uses the Marks in a manner not expressly permitted by this agreement.
(c) Effect of Termination. On termination of this agreement, all rights granted under it, including the Licensee's right to use the Marks, will end and the Licensee shall promptly discontinue all use of the Marks or similar trade names containing the Licensor's name and stop further use of the Marks in advertising, commercial registers, directories, Internet and websites, telephone listings, and all similar listings.

5. CONSIDERATION.

The Licensee shall pay the Licensor each month quarterly annually in consideration for the rights of the Licensee in and to the Marks granted under this agreement.

(a) License Issue Fee . On or before the effective date described in section , the Licensee shall pay to the Licensor a nonrefundable fee of (the " License Issue Fee "). The License Issue Fee is not an advance toward royalties that may become due during any calendar quarter of the Term and the Licensee may not deduct the amount of the License Issue Fee from royalties that may become due from the sale of Licensed Products or Services.
(i) customary trade discounts actually given;
(ii) returns; and
(iii) transportation charges on returns.
If the Licensee sells Licensed Products or Services to a party affiliated with the Licensee at a price less than the regular price charged to other parties, the royalties payable under this agreement will be computed on the basis of the regular price charged to other parties. No deduction from the royalties owed are allowed for uncollectible accounts, or for taxes, fees, assessments, advertising, or other expenses that may be incurred or paid by the Licensee, except as specifically enumerated in the definition of Gross Sales, above. The Licensee shall report and pay royalties quarterly. The royalty report deadline is 30 days after the end of each calendar quarter.
(c) Minimum Royalty. The Licensee shall pay the Licensor a minimum royalty (the " Minimum Royalty ") during each year of the agreement as a minimum guarantee against royalties to be paid during that year. The remedy of the Licensor for failure of the Licensee to pay this Minimum Royalty is limited to termination of this agreement under section above.

6. MAINTENANCE OF RECORDS AND AUDIT RIGHTS.

(a) Books and Records . The Licensee shall keep accurate books of account and records covering all transactions relating to this agreement. The Licensee will permit the Licensor and its nominees, employees, accountants, agents, and representatives to (i) have reasonable access to inspect those books and records during normal business hours on reasonable notice, and (ii) to examine those books and records. The Licensee shall maintain these books and records in good order and condition for a period of years after the termination of this agreement or, if there is a dispute between the parties, until that dispute is resolved, whichever is latest. Receipt or acceptance by the Licensor of any sums paid by the Licensee will not preclude the Licensor from exercising its rights under this agreement.
(b) Underpayment of Royalties. If an inspection or examination referred to in subsection (a) above discloses, or a party otherwise discovers, an underpayment of royalties or other fees, the Licensee shall pay to the Licensor the amount of that underpayment (plus interest on it from the date of underpayment to and including the date of payment in full at %) not more than days after its discovery.
(c) Overpayment of Royalties. If an inspection or examination referred to in subsection (a) above discloses, or a party otherwise discovers, an overpayment of royalties or other fees, the amount of that overpayment will be credited against future payments owed by the Licensee. If the period for which the overpayment was made is the final period covered by this agreement, the Licensor shall pay the overpayment amount to the Licensee within days after its discovery.

7. OWNERSHIP AND USE OF MARKS.

(a) Ownership of Marks . The Licensee acknowledges that the Licensor is the owner of the Marks and all rights in those and that nothing in this agreement gives the Licensee an interest in the Marks, except under the license granted by this agreement. The Licensee further acknowledges that the rights granted to the Licensee by this agreement are license rights only, and nothing contained in this agreement constitutes an assignment of the Licensor's rights in the Marks.
(b) Limitation on Licensee's Actions . The Licensee may not do anything inconsistent with the Licensor's ownership of the Marks, and may not claim adversely to the Licensor, or assist any third party in attempting to claim adversely to the Licensor, with regards to that ownership. The Licensee may not challenge the Licensor's title to the Marks, oppose any registration or re-registrations of the Marks, or challenge the validity of this agreement or the licenses granted in this agreement. Furthermore, the Licensee may not register or attempt to register any trade name or trademark that, in whole or in part, incorporates or is confusingly similar to the Marks.
(c) Assistance in Protecting Goodwill . The Licensee's use of the Marks inures to the benefit of the Licensor and the Licensee shall cooperate fully with the Licensor to secure and maintain the goodwill of the Licensor in the Marks. To that end, the Licensee may not misuse the Marks, take any action that would bring the Marks into public disrepute, use the Marks, or any mark or name confusingly similar to them, in its corporate or trade name, or take any action that would tend to destroy or diminish the goodwill in the Marks.
(i) any claim, demand, or cause of action based on or arising from any third-party unauthorized use of the Marks or any confusingly similar marks;
(ii) any infringement or instance of unfair competition of which the Licensee may become aware involving any of the Marks; or
(iii) any challenge to the Licensee's use of any of the Marks.

However, the Licensee may not institute any proceedings for infringement of the Marks without the prior written approval of the Licensor.

8. QUALITY STANDARDS.

(a) Established Standards . The nature and quality of all products sampled, sold, or otherwise disposed of by the Licensee and covered by the Marks will conform to the standards established by and under the control of the Licensor (collectively, the " Quality Standards "). The Quality Standards will be reasonable, no greater than the quality standards imposed by the Licensee's customers generally, and at least equal in quality to the products (in the aggregate) sold by the Licensee before the effective date described in section .
(b) Review of Associated Products . At the Licensor's reasonable request, the Licensee shall provide samples to the Licensor of all products sampled, sold, or otherwise disposed of by the Licensee that include the Marks. Alternatively, the Licensor may request that the Licensee ensure that those products conform to the Quality Standards. To this end, the Licensee shall permit reasonable inspection of its facilities during business hours by an authorized representative of the Licensor, for that representative to inspect the Licensee's operations, methods of manufacture, materials used, storage and packing areas, and the like, associated with the manufacture of products that include the Marks. Any inspections conducted by the Licensor to ensure that the Quality Standards have been satisfied will be at the expense of the Licensor.
(c) Representative Samples Required . On the Licensor's request and without charge to the Licensor, the Licensee shall deliver to the Licensor representative samples of labels, containers, advertisements, catalogs, letterhead, and the like, containing the Marks to enable the Licensor to ensure that those Marks are used only in a manner set forth on Schedule 1 .
(d) Other Specifications. The Licensor may impose on the Licensee, as necessary, other specifications or requirements not provided for under this section to maintain control over the Licensee Business to ensure the requisite Quality Standards with respect to products manufactured by the Licensee that include the Marks.

9. MARKING ON PRODUCTS.

(a) Designation that Marks are Licensed . The Licensee shall designate the Licensed Products or Services in the manner specified by the Licensor in writing, to indicate the rights of the Licensor in the Marks, including the registration status of the Marks, and that those products or services are manufactured under license.
(b) Proper Notice and Acknowledgment . Every use of the Marks by the Licensee shall incorporate in an appropriate manner an "R" enclosed by a circle or the phrase "Reg. U.S. Pat. & Tm Off."
(c) Format and Appearance . The Licensor retains the right to specify, from time to time, the format in which the Licensee may use and display the Marks, and the Licensee shall use or display the Marks only in formats approved by the Licensor. The Licensee may not use any colorable imitation of the Marks, or any variant form (including variant design forms, logos, colors, or type styles) of the Marks not specifically approved by the Licensor.

10. LICENSOR'S REPRESENTATIONS.

The Licensor hereby represents to the Licensee that it:

(a) is the exclusive licensor of interest in the Marks;
(b) has not assigned or transferred the Marks or agreed to do so;
(c) has full power and authority to enter into this agreement and to make the grant of license provided in section 1;
(d) is not aware of any violation, infringement, or misappropriation of any third party's rights (or any claim thereof) by the Marks;
(e) is not aware of any third-party consents, assignments, or licenses that are necessary to perform under this agreement;
(f) was not acting within the scope of employment of any third party when conceiving, creating, or otherwise performing any activity with respect to the Marks listed in Schedule 1 and purportedly licensed in section 1.

The Licensor shall immediately notify the Licensee in writing if any facts or circumstances arise that would make any of the representations in this agreement inaccurate.

11. LICENSEE'S REPRESENTATIONS.

The Licensee hereby represents to the Licensor that it:

(a) has full power and authority to enter into this agreement; and
(b) has sufficient resources to complete the transaction contemplated by this agreement and the authority to commit those resources for the purposes of this transaction.

The Licensee shall immediately notify the Licensor in writing if any facts or circumstances arise that would make any of the representations in this agreement inaccurate.

12. DOCUMENTATION.

(i) execute and deliver to the Licensee any additional papers, including any separate licenses of the Marks, reasonably necessary to record the license in the United States and throughout the world ; and
(ii) generally do all other lawful acts reasonable and necessary to record the agreement in the United States and throughout the world .
(b) Licensee Assistance in Maintaining Marks . On request, the Licensee shall provide the Licensor or its authorized representatives with information about its use of the Marks which the Licensor may reasonably require and will render any (nonmonetary) assistance reasonably required by the Licensor to maintain the applications, registrations, and common law rights of the Marks.

13. INDEMNIFICATION.

The Licensor shall indemnify the Licensee against: If any of the Marks infringe on any United States trademark or trade secret of a third party not affiliated with the Licensee, the Licensor shall indemnify the Licensee against that claim, if all of the following are true:

(a) any claim by a third party that any of the Marks or their use or reproduction infringes or misappropriates any trademark, trade secret, or other intellectual property; (a) the Licensee promptly gives notice of the claim to the Licensor;
(b) any claim by a third party that this agreement conflicts with, violates, or breaches any contract, assignment, license, sublicense, security interest, encumbrance, or other obligation to which the Licensor is a party or of which it has knowledge; (b) the Licensor controls the defense and settlement of the claim;
(c) any claim relating to any past, present, or future use, licensing, sublicensing, distribution, marketing, disclosure, or commercialization of any of the Marks by the Licensor; and (c) the Licensee fully cooperates with the Licensor in connection with its defense and settlement of the claim; and
(d) any litigation, arbitration, judgment, award, attorneys' fees, liability, settlement, damage, loss, and expense relating to (a), (b), or (c) above. (d) the Licensee stops all sales, distribution, and public use of or relating to the infringing Marks, if requested by the Licensor.

If the Licensee is enjoined from further use of any infringing Mark or if the Licensee stops using any of the Marks pursuant to the Licensor's request (as described in (d) above), the Licensor shall, at its own expense and option:

(a) obtain the right for the Licensee to continue to use the infringing Marks;
(b) modify the infringing Marks to eliminate the infringement (if practicable);
(c) provide substitute noninfringing Marks to the Licensee pursuant to this agreement (if practicable); or
(d) refund the amount paid under this agreement for the infringing Marks to the Licensee, on such terms and conditions as the parties may thereafter agree.

The Licensor will have no other obligations or liability if infringement occurs, and will have no other obligation of indemnification relating to infringement. The Licensor will not be liable for any costs or expenses incurred without its prior written authorization and will have no obligation of indemnification or any liability if the infringement is based on (i) any modified form of the Marks not made by the Licensor or (ii) the laws of any country other than the United States or its states.

14. NO AGENCY RELATIONSHIP.

This agreement creates a licensor-licensee relationship between the parties. Nothing in this agreement may be construed to establish a joint venture, agency, or partnership relationship between the parties.

15. ASSIGNMENT AND DELEGATION.

(a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
(b) No Delegation. Neither party may delegate any of its rights under this agreement, except with the prior written consent of the other party.
(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.

16. GOVERNING LAW.

(a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

17. AMENDMENTS.

No amendment to this agreement will be effective unless it is in writing and signed by both parties or an authorized representative.

18. NOTICE.

Any notice or other communication provided for in or given under this agreement to a party will be in writing and given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective parties as follows:

If to the Licensor:
If to the Licensee:

19. SEVERABILITY.

If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

20. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

21. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

22. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

23. EFFECTIVENESS.

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

24. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature.

[PAGE BREAK HERE]

SCHEDULE 1 LIST OF TRADEMARKS AND SERVICE MARKS

SCHEDULE 2 LICENSED PRODUCTS AND SERVICES

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Specify the date on which this Agreement will come into effect.

TRADE MARK ASSIGNMENT AGREEMENT

This Trade Mark Assignment Agreement (the "Agreement" ) is made on this ________ ( "Effective Date" )

BY AND BETWEEN

________ , a company incorporated under the laws of ________ , with Identification No.: ________ , having its registered office at ________ represented by its ________ , ________ (hereinafter referred to as the "Assignor" which expression shall unless excluded by or repugnant to the subject or context be deemed to include its successors-in-interest and permitted assigns)

________ , a company incorporated under the laws of ________ , with Identification No.: ________ , having its registered office at ________ represented by its ________ , ________ (hereinafter referred to as the "Assignee" which expression shall unless excluded by or repugnant to the subject or context be deemed to include its successors-in-interest and permitted assigns)

(The Assignor and the Assignee shall hereinafter individually referred to as "Party" and collectively as "Parties")

WHEREAS the Assignor owns all right, title, and interest in and to the said, Trade Mark.

WHEREAS Assignor is willing to assign said Trade Mark to Assignee and the Assignor has the full right, absolute power, and lawful authority to sell, assign, and convey the same in the manner herein set forth.

WHEREAS Assignee hereby accepts the said rights, title, and interest in respect of the Trade Mark in accordance with the terms of this Agreement.

NOW, THEREFORE, the Parties seek to enter into this Agreement to confirm and record the terms and conditions on which the Assignor shall assign to the Assignee and other agreements in connection therewith.

1. DEFINITIONS AND INTERPRETATION

(a). "Agreement" means this Trade Mark Assignment Agreement.

(b). "Agreement Date" means the date marked at the beginning of this document ( ________ ).

(c). "Applicable Law" shall include all applicable (i) statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, listing agreements, notifications, guidelines or policies of any jurisdiction; and (ii) judicial quasi-judicial and/or administrative decisions, interpretations, directions, directives, licenses, permits, judgments, writs, injunctions, arbitral awards, decrees, orders, terms and conditions of governmental or regulatory approvals or agreements with any governmental or regulatory authority.

(d). "Assignment" means an assignment in writing by the act of the parties concerned.

(e). "Governmental Authority" means any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation-making entity having or purporting to have jurisdiction on behalf of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.

(f). "GST" means Goods and services tax under the Goods and Services Tax Act, 2017.

(g). "Trade Mark" means the Trade Mark as prescribed under this Agreement.

2. INTERPRETATION

(a). The headings in this Agreement are inserted for convenience only and shall be ignored in construing this Agreement.

(b). Unless the context otherwise requires, in this Agreement:

(I). words using the singular or plural number also include the plural or singular number, respectively;

(II). words denoting any gender shall include all genders;

(III). the words "written" and "in writing" include any means of visible reproduction;

(IV). the terms "hereof", "herein", "hereto" and similar words refer to this entire Agreement and not any particular Clause, or any other subdivision of this Agreement;

(V). the words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" whether or not they are followed by such phrases or words of like import;

(VI). references to any "person" include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organization or government, state or any political subdivision, instrumentality, agency or authority; and

(VII). references to "Clause" or any other agreement or document in this Agreement shall be construed as references to the Clauses of this Agreement, or such other agreement or document, as may be amended, modified or supplemented from time to time, and shall include a reference to any document which amends, modifies or supplements it, or is entered into, made or given pursuant to or in accordance with its terms.

3. ASSIGNMENT OF TRADEMARK

(a). The Assignor grants the following property ("Trade Mark"):

Registration Number: ________ .

Registration Date: ________ .

Classes registered: ________

Classes Assigned: ________

(b). A copy of the Trade Mark registration certificate will be attached along with this Agreement.

(c). The Trade Mark will be assigned to the Assignee upon execution of this Agreement.

(d). Assignor irrevocably assigns, grants and transfers to the Assignee, the Assignor's world rights, titles, and interests in and to the Trade Mark, including the rights granted under any applicable laws, Trade Mark registrations and applications that may exist covering the Trade Mark, right to sue third-parties for and recover and retain all damages and other remedies for past, present, and future infringements and all other violations in law or equity concerning the Trade Mark.

(e). The Trade Mark is assigned including the goodwill of the business symbolized by the use of Trade Mark of the Assignor.

(f). All the rights vested in Trade Mark with be rights to use, sell, assign, transfer, modify, delete, or stop such or any kind of products or services in respect of the Trade Mark are completely transferred to Assignee with no reservation.

(g). The Trade Mark to be held and enjoyed by Assignee for its own use and enjoyment and the use and employment of its successors assigns or other legal representatives, as fully and entirely as the same would have been held and enjoyed by the Assignor if this assignment had not been made.

(h). Assignor hereby authorizes the concerned registrar or government official empowered to issues trademark registrations, to record this assignment, and to issue or transfer the aforementioned Trade Mark to the Assignee as the owner of all rights, titles, and interests therein, or otherwise as Assignee may direct, in accordance with the terms of this Agreement.

(i). In accordance with this Agreement, the Assignor assigns the rights of the aforementioned Trade Mark to the Assignee. After entering into this Agreement, the Trade Mark will be for the exclusive use of the Assignee. The Assignor will be barred from using the Trade Mark for its own purpose or issuing new Licenses to any third parties after entering into this Agreement.

4. CONSIDERATION

(a). The Assignee shall pay to the Assignor a one-time flat payment of Rs ________ (________). The payment shall be made using Netbanking .

(b). The one-time flat payment should be paid upfront at the time of entering into this Agreement.

(c). Any payments by the Assignee that are not paid on or before the date such payments are due under this Agreement, the Assignee shall be liable to the following penalty: ________ % per annum from the unpaid sum.

(d). Payment of such interest by Assignee will not limit, in any way, the Assignor's right to exercise any other remedies as a consequence of delay in payment.

(e). The cost of registration, notarization and stamp duty will be borne equally by the Assignor and the Assignee.

5. GOODS AND SERVICES TAX

(a). Unless otherwise explicitly agreed to by each of the Parties, the amount payable under this Agreement excludes GST.

(b). The Assignee must pay the GST Amount to the Assignor at the same time of making the payment.

(c). Any obligation on the Assignee to pay the GST Amount under this clause is conditional on the Assignor providing to the Assignee a valid tax invoice in accordance with GST law.

6. ASSIGNOR WARRANTIES

(a). The Assignor hereby provides the following warranties ( "Assignor Warranties" ):

(I). That the Assignor has the full legal authority and capacity to enter this Agreement.

(II). That the Assignor owns or controls the Trade Mark which the Assignor is issuing under this Agreement.

(III). That the Assignor has the full legal authority to provide the Trade Mark to the Assignee.

(IV). That there are no restrictions, legal or otherwise, which prevent the Assignor from entering this Agreement.

(V). The Assignor agrees to completely cease the use of the Trade Mark or any confusingly similar Trade Mark and agrees not to challenge the Assignee's right to the Trade Mark.

(VI). That the Assignor from the date of assignment as mentioned under this Agreement shall not claim any right or interest in the assigned Trade Mark.

(VII). That this Agreement and Trade Mark is not in violation of any Agreements or infringe the intellectual property rights of any third party.

(VIII). There are no legal claims or actions, existing or threatened, and no other liabilities that may negatively affect the Assignee's ability to use the Trade Mark.

(IX). In case there are any violations of the aforementioned warrants by the Assignor, the Assignor shall:

7. ASSIGNEE WARRANTIES

(a). The Assignee hereby provides the following warranties ( "Assignee Warranties" ):

(I). That the Assignee has the full legal authority and capacity to enter into and fully perform this Agreement with Assignor.

(II). That the Assignee will only use the Trade Mark in accordance with the terms of this Agreement.

8. 588528525885588

( ________ ). 5585 25522 (52225525 22 58 252 "Indemnifying Party" ) 85588 825222822 525 525228 22 522225 525 22 2222 252 22525 25522 (52225525 22 58 252 "Indemnified Party" ) 82522282825 525 55528288 2522 525 5258282 588 828828 82855525/85222525 82 252 52522282825 25522, 5588822 2522, 25 82855525 82 8222282822 8825 25 52852822 22, 522 25855-25522 885828 8825 5282282 22 252 228828822:

( ________ ). 522 852585 22 822285222858822 2528888228;

( ________ ). 82255828, 828855822 825882 822552, 52525, 25 552522 22 25222522 (828855822 25222) 2885882225 82, 25 5882225 22 5582 8222 2885882225 82 252 5828 25 82228888228 22 252 525222822822 25522 25 522 22 828 222822228 25 522528222528828, 8522525 222882222, 8888258 25 225258882;

( ________ ). 525222822822 25522'8 2588552 22 822282 8825 522 5228885882 858 528582822 82 828828 22 252 52522282825 25522;

( ________ ). 522 582 22 8222888822 25 22888822 828855822 25555, 8888258 5225582, 25 25288 2228822282 82 25 22 252 2552 22 52 525222822822 25522 25 522 22 828 222822228 25 522528222528828, 8222588822 8825252 8828252822 522 28228 525 222582828 8222825 82 522 228252222258 852525822.

( ________ ). 552 825222828852822 582528 22 252 52522282825 25522 52525 2588 825222222 552 82522225222 22 525 82 55582822 22, 8585 582528 525 52225828 58 252 52522282825 25522 252 5582 52 858 25 82 285822 25 225258882, 828855822 252 58252 22 8222 82288288 22522525282, 528288822, 22525 822282882 528822, 2222 85885 582528 25 52225828 85588 82 52228225 25 5828288525 2525282.

( ________ ). 552 2528888228 22 2588 885582 85588 8558882 252 22528252822 525/25 252852 22 2588 825222222.

9. CONFIDENTIAL INFORMATION

(a). The Parties understand that during the course of any negotiations or discussions undertaken prior to and/or in pursuance of this Agreement, either Party may become privy and to and/or come into possession of information of proprietary nature (hereinafter referred to as "Receiving Party" ), belonging to other Party (hereinafter referred to as "Disclosing Party" ). Such proprietary information is herein referred to as "Confidential Information" and shall include information whether written, visual or oral in any other medium, including information, or data disclosed to the Receiving Party by the Disclosing Party or by a third party on behalf of the Disclosing Party and shall (i) any information having been disclosed prior to the date of this Agreement; (ii) any information relating to the Disclosing Party's business, procedures, products, training modules, processes, plans, know-how, designs, trade secrets, market opportunities, computer programs; (iii) this Agreement or any terms and conditions thereof.

(b). Confidential Information shall not include any information that (i) is or becomes publicly available without breach of the terms of this Agreement; (ii) becomes lawfully available to the Receiving Party from a third party free from any confidentiality restriction; or (iii) was previously in the possession of the Receiving Party and which was not acquired directly or indirectly from the Disclosing Party, as evidenced by written records.

(c). Receiving Party or any party to whom it transmits the Confidential Information pursuant to this Agreement may disclose the Confidential Information if it becomes legally compelled to do so under any relevant law, regulation or order of the court, provided the Disclosing Party is given prompt notice of such requirement or such order and (where possible) provided reasonable opportunity to contest it and scope of such disclosure is limited to the extent possible.

(d). The Receiving Party agrees and covenants with the Disclosing Party (i) to maintain confidentiality with respect to the Confidential Information coming into its knowledge and possession before or during the term of this Agreement; (ii) to use the same solely for the purpose as envisaged under this Agreement; (iii) to inform the Disclosing Party of any incident of breach of the Receiving Party's confidentiality obligations under this Agreement within 24 hours from the occurrence of such incident.

(e). These clauses (confidentiality obligations) shall survive the termination of this Agreement for a period of ________ .

10. FORCE MAJEURE

(a). "Force Majeure" means an event beyond the control of the Parties, which prevents a Party from complying with any of its obligations under this Agreement, including but not limited to:

(I). act of God (such as but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

(II). war, hostiles, invasion, the act of foreign enemies, requisition or embargo;

(III). rebellion, revolution, insurrection or military power, civil war;

(IV). riot, commotions, strikes;

(V). act or threats of terrorism, and pandemic.

(b). The Parties shall not be liable for any failure to perform their respective obligations under this Agreement if such failure is caused due to a Force Majeure Event and in such case, the obligations of the relevant Party shall be suspended for so long the Force Majeure Event prevails.

(c). Upon the occurrence of a Force Majeure Event, the non-performing Party/ affected Party shall immediately inform the other Party of the same and continue to use commercially reasonable efforts to recommence performance whenever and whatever extent possible without delay.

(d). The Parties shall consult together in relation to the above matters following the occurrence of the Force Majeure Event to mitigate the losses and ensure this Agreement's smooth functioning.

11. COMMUNICATION AND NOTICES

All the notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered by hand and receipted for by the Party to whom said notice or other communication shall have been directed, (b) mailed by certified or registered mail with postage prepaid, once acknowledged by the recipient, (c) sent by email provided under this Agreement.

For Assignor:

Address: ________

Email: ________

For Assignee:

12. MODIFICATION OF AGREEMENT

In the event any provision of this Agreement is determined to be invalid by any court or other entity of competent jurisdiction, the provision of this Agreement shall be deemed to have been amended and the Parties hereto agree to execute all documents necessary to evidence such amendment so as to eliminate or modify any such invalid provision so as to carry out the intent of this Agreement as far as possible and to render this Agreement enforceable in all respects as so modified.

13. NO WAIVER

The failure of any Party hereto to enforce any provision of this Agreement shall in no way be construed to be a waiver of such provisions or to affect the validity of this Agreement or any part thereof or the right of either Party to enforce each and every provision in accordance with its terms.

14. HEADINGS

The headings in this Agreement are included for the convenience of reference only and in no way define or delimit any of the provisions hereof or otherwise affect their construction or effect.

15. INTERPRETATION

The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has had the opportunity to contribute to its revision. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting Party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favour or against either Party.

16. REMEDIES

Each Party recognises that the foregoing restrictive covenants are fair and reasonable and are required for the protection of legitimate business interests. Each Party also understands that the other Party will be irrevocably harmed if the restrictive covenants are not specifically enforced. Accordingly, Each Party agrees that the foregoing restrictive covenants may be enforced by the other Party through temporary and/or permanent injunctive relief, without prejudice to other reliefs as may exist.

17. DISPUTES

Both the Parties do hereby agree that any dispute arising out of or in relation to this agreement shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/ or any statutory modification or re-enactment thereof for the time being in force. The single Arbitrator shall be appointed mutually by the Parties. Each Party shall pay their own costs and fees of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands .

The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.

18. LEGAL FEE AND COSTS

In the event of any legal action by any Party to enforce any one or more provisions of this Agreement, whether at law or in equity, the prevailing Party shall be entitled to receive from the other Party all enforcement costs including, without limitation, reasonable legal fees and costs whether incurred before, during and after the trial or other litigation including appeal.

19. SURVIVAL OF OBLIGATION

Notwithstanding any other provisions of this Agreement, at termination, expiration or completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination, expiration or completion shall remain in provisions which are explicitly stated to survive termination, expiration or completion shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination, expiration or completion.

20. COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument.

21. ENTIRE AGREEMENT

Both the Parties represent and agree that they have read this Agreement, understand its terms and the fact that it releases all claims each might have entered into this Agreement without duress or coercion from any source. This Agreement supersedes all other Agreements entered into between the Parties.

IN WITNESS WHEREOF , the Parties hereto have executed this agreement on ________ .

FOR ASSIGNOR:

Authorized Signatory: ________ ( ________ )

FOR ASSIGNEE

Govt. ID Name & No.:

The undersigned, being a duly appointed Notary Public, located at ________ on this date, the above-named ________ (Assignor) and ________ (Assignee), appeared before me and properly identified to me and did sign the forgoing.

IN TESTIMONY WHEREOF I subscribe my name and affix my seal notarial on this ___ day of ________ 20___

_______________________

Notary Public

(Details of Trade Mark)

HOW TO CUSTOMISE THE TEMPLATE

Answer the question, then click on "Next".

The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.

At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.

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Free Trademark Assignment Agreement Template
Trademark Assignment Agreement Template. Use our trademark assignment agreement to transfer a trademark to a new owner. A trademark assignment agreement is a written document that transfers a legally recognized word, phrase, symbol, and design (the "trademark") from the current owner (the "assignor") to the future owner (the "assignee
Free Trademark Assignment Agreement Template for Microsoft Word
Trademark Assignment Agreement. This Trademark Assignment (hereinafter referred to as the "Assignment") is made and entered into on [Insert Date Here] (the "Effective Date") by and between the following parties: (the "Assignor") AND. (the "Assignee") WHEREAS, the Assignor is the sole and rightful owner of certain trademarks and ...
Trademark Assignment Agreement Form
The trademark assignment agreement template will give an insight into the necessary documents. No Further Use of Marks. In order to avoid confusion in the market, the assignor must agree, using the trademark agreement form, not to use the transferred trademarks after the assignment. In some cases, certain continued use is permitted and will be ...
Free Trademark Assignment Template
In order to record this assignment with the United States Patent and Trademark Office, within hours of the effective date of this assignment, the parties shall sign the form of trademark assignment agreement attached as Exhibit B. The Assignor Assignee is solely responsible for filing the assignment and paying any associated fees of the ...
Trademark Assignment Agreement Template
A trademark assignment agreement is a legal document that outlines the terms of an exchange between two parties. This document contains information about the trademark being transferred and other important details, such as payment terms and transfer timelines. Sometimes, a trademark assignment agreement may also include provisions related to ...
Trademark Assignment
Either party - either the person assigning the trademark or the person receiving the trademark - can fill out this form. Once the form is complete, the parties can undertake the following steps: 1) Sign and execute the form in front of a notary (both parties) 2) Have the notarization completed. 3) Record the Trademark Assignment with the United ...
PDF Assignment of Trademark
Trademark by the Assignor, and the goodwill of the business relations to the Trademark and to the wares or services associated with it, to hold unto the Assignee absolutely. ... Trademark Assignment, the Assignor hereby sells, transfers and assigns to the Assignee, its successors and assigns, the Assignor's entire right, title and interest in ...
Free Trademark Assignment Agreement
Updated October 05, 2021. A trademark assignment agreement is between an assignor (seller) that transfers ownership of a trademark to an assignee (buyer). A trademark or service mark is a selection of words, phrases, designs, or symbols that identifies goods or services.
Trademark Assignment Agreement Template
A Trademark Assignment Agreement is a legal document that allows parties, an assignor and assignee, to record the purchase and sale of a federally registered trademark. This is the document for you if you need to buy or sell a registered trademark or service mark and if you want to remove, add, or change the name of the owner of the mark. Whether your transaction involves a trademark, logo, or ...
Trademark Assignment: How to Transfer Trademark Ownership
Trademark Assignment Template Sample. Below are a PDF and Word version of a trademark consent agreement template that you can review as a trademark assignment agreement sample. As a reminder, these are just sample forms and further modification is likely necessary to meet any particular assignment needs.
Trademark Assignment Agreement: All You Need to Know
A trademark assignment agreement is a legal document that transfers ownership of a trademark from one party to another. In California, this agreement is governed by California law, which sets out the requirements for a valid and enforceable assignment. The agreement typically includes details about the trademark, the parties involved, and the ...
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Customize the template. Trademark Assignment Agreement. State of Alabama. This Trademark Assignment Agreement ("Assignment"), made effective as of the date set forth at the end of this document, is agreed to by and between the following parties: _____, ("Assignor"), having an address as follows: _____
Step-by-Step Guide to Drafting a Trademark Assignment Agreement
Outline the purpose of the trademark assignment agreement. Explain the purpose of the agreement. Identify the trademark to be assigned. Discuss the relevant trademark law and regulations. Identify the applicable laws and regulations. Discuss how the laws and regulations will affect the agreement.
Trademark assignments: Transferring ownership or changing your name
Answer "yes" to the question at the beginning of the form that asks if you need to change the owner's name or entity information. Enter the new name in the "Owner" field in the "Owner Information" section of the form. Your request to update the owner information will be reviewed by a USPTO employee and entered, if appropriate.
Sample Trademark Assignment Agreement
Sample Trademark Assignment Agreement. March 30, 2023. This is a sample trademark assignment agreement between two companies, for the assignment of all rights, title and interest in and to trademarks, including "pending applications and registrations, together with the good will of the business symbolized by the Marks, and all causes of action ...
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Formats Word and PDF. Size 8 to 13 pages. Fill out the template. A Trade Mark Assignment Agreement ("Assignment Agreement") is a legal document under which the Trade Mark owner, known as the "Assignor," assigns another person or entity to own such rights, known as the "Assignee", in exchange for an agreed payment, known as a "Consideration".
PDF Trademark Assignment Agreement
A Trademark Assignment Agreement is a written document that legally transfers a legally recognized word, phrase, symbol, and/or design (the "Trademark") from the trademark owner (the "Assignor") to the future trademark owner (the "Assignee"). Although intangible, a trademark is a valuable asset because customers instantly associate ...
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This Trademark Assignment Agreement (the Agreement ) is entered into this 21st day of December, 2006 (the Effective Date ) by and between Applied Digital Solutions, Inc., a corporation duly organized and existing under the laws of the State of Missouri and having it principal place of business at 1690 S. Congress Avenue, Suite 200, Delray Beach ...
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The agreement template includes a standard warranty (which is a contractual promise) that confirm that the Assignor is the owner of the trademark(s). Sample Trademark Assignment. You can preview the trademark assignment by clicking on the 'Preview' button towards the top right of this page. The sample that is provided will give you a good ...
Free Trademark License Agreement Template
Lay out rights to use intellectual property with our trademark license agreement template. Clearly outline terms of usage and protect your business. Create and download your agreement for free! ... Safeguard the sale or purchase of assets with an intellectual property assignment agreement. Transfer the ownership of patents, trademarks, software ...
PDF TRADEMARK ASSIGNMENT AGREEMENT
This Agreement may be amended or modified only by a written agreement signed by both of the parties. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing 9. Severability.
Trade Mark Assignment Agreement
WHEREAS Assignor is willing to assign said Trade Mark to Assignee and the Assignor has the full right, absolute power, and lawful authority to sell, assign, and convey the same in the manner herein set forth. WHEREAS Assignee hereby accepts the said rights, title, and interest in respect of the Trade Mark in accordance with the terms of this ...

Free Trademark Assignment Agreement Template for Microsoft Word

Trademark Assignment Agreement

1. ASSIGNMENT.

2. WARRANTY.

3. GOVERNING LAW.

4. ENTIRE AGREEMENT.

5. SEVERABILITY.

6. ADVICE OF COUNSEL.

Assignor Acknowledgement

Assignee Acknowledgement

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Step-by-Step Guide to Drafting a Trademark Assignment Agreement

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Trademark assignments: Transferring ownership or changing your name

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