trade mark assignment template

This trademark assignment is between , an individual a(n) (the " Assignor ") and  , an individual a(n) (the " Assignee ").

The Assignor is the owner of certain intellectual property rights, including the trademarks listed on Exhibit A , and all goodwill of any business connected to or symbolized by those (collectively, the " Trademarks ").

The Assignor wishes to sell to the Assignee all of its interest in the Trademarks.

The parties therefore agree as follows:

1. ASSIGNMENT OF TRADEMARKS.

The Assignor hereby sells its entire and exclusive interest in:

• (a) the Trademarks;
• (b) the registrations of and applications for registrations of each Trademark;
• (c) the goodwill of any business connected with or symbolized by each Trademark;
• (d) income, royalties, and damages payable to the Assignor and related to the Trademarks, including payments for past or future infringements or misappropriations of the Trademarks; and
• (e) all rights to sue for past, present, and future infringements or misappropriations of the Trademarks.

2. PAYMENT.

As consideration for the assignment of the Trademarks and the Assignor's representations, the Assignee shall pay the Assignor , to be paid within days of the effective date of this assignment.

3. RECORDATION.

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 transfer.

4. NO EARLY ASSIGNMENT.

The Assignee may not assign or otherwise encumber its interest in the Trademarks or any associated trademark registrations until it has made the payment in subsection (a) to the Assignor. Any assignment or encumbrance contrary to this provision shall be void.

5. ASSIGNOR'S REPRESENTATIONS.

The Assignor hereby represents to the Assignee that it:

• (a) is the sole owner of all interest in the Trademarks;
• (b) has not assigned, transferred, licensed, pledged, or otherwise encumbered the Trademarks, or agreed to do any of these;
• (c) has full power and authority to enter into this assignment and make the assignment in section 1;
• (d) is not aware of any violation, infringement, or misappropriation, or claim of any of these, of any third party's rights by the Trademarks;
• (e) is not aware of any third-party consents, assignments, or licenses that are necessary to perform under this assignment;
• (f) was not acting within the scope of employment of a third party when conceiving, creating, or otherwise performing any activity related to, the Trademarks.

The Assignor shall immediately notify the Assignee if any facts or circumstances arise that would make any of these representations inaccurate.

6. ADDITIONAL DOCUMENTS.

On request, the Assignor shall:

• (a) provide the Assignee with a complete copy of all documentation (in any format) relating to the Trademarks for the Assignee's own use, to meet record-keeping requirements of the Assignee, or to allow the Assignee to assert its rights as granted under this assignment; and
• (b) execute and deliver to the Assignee any additional papers, including any separate assignments of the Trademarks, and perform all lawful acts necessary to record the assignment in the United States and throughout the world. 

7. INDEMNIFICATION.

The Assignor shall indemnify the Assignee from:

• (a) any third-party claim that a Trademark or its use, assignment, sale, or reproduction infringes or misappropriates a trademark, trade secret, or other intellectual property;
• (b) any third-party claim that this assignment conflicts with or breaches any agreement, encumbrance, or other obligation to which the Assignor is a party or of which the Assignor has knowledge;
• (c) any claim relating to any past, present, or future use, licensing, distribution, marketing, disclosure, or commercialization of a Trademarks by the Assignor; and
• (d) any litigation, arbitration, judgments, awards, attorneys' fees, liabilities, settlements, damages, losses, and expenses relating to (a), (b), or (c) above.
• (1) the Assignee promptly notifies the Assignor of that claim;
• (2) the Assignor controls the defense and settlement of that claim;
• (3) the Assignee cooperates fully with the Assignor in connection with the Assignor's defense and settlement of that claim; and
• (4) if requested by the Assignor, the Assignee stops all sales, distribution, and public use of the infringing Trademarks.
• (1) obtain the right for the Assignee to continue to use the infringing Trademark;
• (2) modify the infringing Trademark to eliminate the infringement (if possible);
• (3) provide a substitute noninfringing Trademark to the Assignee under this assignment (if possible); or
• (4) refund the amounts paid to the Assignee under this assignment for the infringing Trademark, on terms and conditions agreeable to the parties.
• (c) The Assignor will have no other obligations or liability if infringement occurs, and will have no other obligation to indemnify the Assignee in case of infringement. The Assignor will not be liable for any expenses incurred without its prior written authorization and will have no obligation to indemnify the Assignee if the infringement is based on: (1) any modified form of the Trademarks not made by the Assignor or (2) the laws of any country other than the United States of America or its states.

8. 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, .

9. COUNTERPARTS; ELECTRONIC SIGNATURES.

• (a) Counterparts. The parties may execute this assignment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
• (b) Electronic Signatures. This assignment, agreements ancillary to this assignment, and related documents entered into in connection with this assignment are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

10. SEVERABILITY.

If any one or more of the provisions contained in this assignment 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 assignment, but this assignment will be construed as if those 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 assignment to be unreasonable.

11. NOTICES.

• (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this assignment shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this assignment: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
• (b) Addresses. A party shall address notices under this section to a party at the following addresses:
• If to the Assignor: 
• If to the Assignee: 
• (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

12. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this assignment 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.

13. HEADINGS.

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

14. EFFECTIVENESS.

This assignment will become effective when all parties have signed it. The date this assignment 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 assignment.

15. 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 assignment contemplates or to evidence or carry out the intent and purposes of this assignment.

[SIGNATURE PAGE FOLLOWS]

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

[PAGE BREAK HERE]

EXHIBIT A LIST OF TRADEMARKS

EXHIBIT B FORM OF RECORDABLE TRADEMARK ASSIGNMENT

For good and valuable consideration, the receipt of which is hereby acknowledged, , an individual a(n) (the " Assignor ")  hereby assigns to , an individual a(n) (the " Assignee ") all of the Assignor's interest in the trademarks, including the appurtenant goodwill associated with those trademark registrations and applications identified in Attachment A , and the Assignee accepts this assignment.

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

ATTACHMENT A [TO EXHIBIT B] INTELLECTUAL PROPERTY

Free Trademark Assignment Template

Simplify the buying and selling of trademarks with a trademark assignment agreement. transfer intellectual property rights and ensure a fair and smooth transaction..

Complete your document with ease

What's a trademark assignment?

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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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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.

Related Documents

Advertising agreement, arbitration agreement, barter agreement, business sale agreement.

Trademark Assignment Free

This document can be used to transfer the ownership of an existing trademark. The paper contains all the information needed to record the assignment with the United States Patent Office.

Template Overview

When one person owns a registered trademark and wants to transfer the ownership of that trademark to another person, this Trademark Assignment can be used. All Trademark Assignments should be in a written form, as it is a legal document.

With Trademark Assignments, it is easy to transfer the mark. The paper contains all the information needed to record the assignment with the United States Patent Office (USPTO). It is required to transfer registered trademarks with the USPTO.

The document differs from the Licensing Agreement because here, the full mark is being transferred to a new party. Meanwhile, in a Licensing Agreement, the mark is still owned by the original owner, but the other party pays royalties for permission to use it.

Note that the document differs from the Intellectual Property Release as well. Though it is also possible to use this document for a trademark, typically, it is used for copyrighted materials, for example, pieces of music or arts. This way, there is no payment, and the copyrighted works are "released" or given to another party. 

The document is also different from an Intellectual Property Permission Letter. In the letter, one party is requesting permission to use the intellectual property of another.  A Licensing Agreement, an Intellectual Property Release, and a Trademark Assignment can be done with the Intellectual Property Permission Letter, but it is not a legal document.  

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

How to use this template

This document can be used to transfer the ownership of an existing trademark. In order to use the document, both parties should understand that the trademark will be assigned entirely. To be more precise, this document is not a license, and no royalties will be paid after the assignment.

The document contains all the information about the mark being transferred. It will also have details needed for recordation with the USPTO. Both parties can fill the document.

A completed document should be signed and executed in front of a notary. Then the parties should record the Trademark Assignment with the United States Patent and Trademark Office.

Applicable law

In the US, a federal statute called the Lanham Act governs the Trademark Assignments.  

Ready to build your document from this template?

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Index of all TEAS forms

See below for a listing of all forms within a specific category. To access a form, select the form name.

To look at the forms prior to accessing the electronic version in the list below, see the form previews . Do not attempt to file the PDF version. It is for informational purposes only and not for submitting the form. 

Log in to access forms

To access TEAS and TEASi forms, select a form listed below. If you are not already signed into MyUSPTO using your USPTO.gov account, then you will be prompted to log in with two-step authentication.

For the latest information or to create a USPTO.gov account, review the Log in to TEAS and TEASi page .

Initial Application Form

• TEAS Plus/TEAS Standard Application
• Trademark/Servicemark Application, Supplemental Registe r
• Certification Mark Application, Principal Register
• Collective Membership Mark Application, Principal Register
• Collective Trademark/Servicemark Application, Principal Register

Response Forms

• Response to Office Action Form
• Request for Reconsideration after Final Office Action Form
• Response to Suspension Inquiry or Letter of Suspension
• Request for Extension of Time to file a Response (Trademark Application)
• Response to Intent-to-Use (ITU) Office action
• Response to Post-Registration Office action
• Response to Petition to Revive Deficiency Letter
• Response to Petition to Director Inquiry Letter

Intent-to-Use (ITU) Forms

• Statement of Use/Amendment to Allege Use for Intent-to-Use Application
• Request for Extension of Time to File a Statement of Use
• Respond to an Intent-to-Use Unit Office action

Extension Request Forms

• Request for Extension of Time to File a Response (Trademark Application or Expungement or Reexamination Proceeding)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Forms

• Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment Form
• Request to Delete Section 1(b) Basis, Intent-to-Use

Correspondence and Attorney/Domestic Representative Forms

• Change Address or Representation (CAR) Form
• Withdrawal of Attorney

Petition Forms

• Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
• Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
• Petition to Director
• Petition to make Special
• Request to Restore Filing Date
• Request to Make Special
• Request for Reinstatement
• Petition to Change the Filing Basis After Publication
• Letter of Protest
• Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services after NOA
• Petition to Director to Review Denial of Certification of International Application
• Petition to Director for an International Application/Registration

Expungement or Reexamination Forms

• Petition for Expungement or Reexamination
• Response to a Post-Registration office action
• Request for Extension of Time to File a Response (Expungement or Reexamination Proceeding)  

Miscellaneous Forms

• Voluntary Amendment Not in Response to USPTO Office Action/Letter
• Request for Express Abandonment (Withdrawal) of Application
• Request to Divide Application
• Order Trademark Presentation Copy of Registration Certificate  

Registration Maintenance/Renewal Forms

• Combined declaration of use & incontestability under Sections 8 & 15
• Declaration of Use and/or Excusable Nonuse of a Mark under Section 8
• Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9
• Declaration of Incontestability of a Mark under Section 15
• Section 7 Request for Amendment or Correction of Registration Certificate
• Surrender of Registration for cancellation
• Request to Divide Registration
• Section 12(c) Affidavit
• Declaration of Use and Excusable Nonuse under Section 71
• Combined declaration of use & incontestability under Sections 71 &15

Assignment Forms

• Assignments
• Change of name
• Other conveyances of title

You can file your assignment online through Assignment Center at https://assignmentcenter.uspto.gov .

Trademark Trial and Appeal Board Forms

• Request for Extension of Time to File an Opposition
• File a New Proceeding (Notice of Opposition; Petition for Cancellation; Appeal of Refusal to Register)
• File Documents in an Existing Board Proceeding

You can file your TTAB submissions online through the Electronic System for Trademark Trial and Appeals (ESTTA) at https://estta.uspto.gov/ .

Madrid Protocol Forms

• Application for International Registration
• Subsequent Designation
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Trade Mark Assignment

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Trade Mark Assignment FAQ

Table of Contents

What is Trademark Assignment?

A Trademark Assignment allows a trademark owner to transfer the rights, title, and interest in a trademark. It is the assignment of a trademark to another party in writing under the supervision of an attorney. It includes transferring trademarks such as words, phrases, and logos from one entity to another.

A Trademark Assignment differs from a Trademark License Agreement, which grants permission to use a mark in some manner but does not transfer any rights in the trademark.

A Trademark Assignment helps ensure that the rights in a trademark are clearly identified and transferred and that both parties are clear on their rights and remedies.

What is the purpose of a trademark and trademark assignment?

The basic purpose of a trademark is to distinguish the goods and products provided by a business from another business. It is not mandatory to register a trademark; however, in some cases, it can add great value to a business. For example, the image and goodwill of any company can be reduced if any other company tries to copy or misrepresent their products as yours, in such case trademark can help distinguish your goods & Products from theirs and hence play an important role in the growth of your business. It also helps to create a brand value in front of your customers that helps them to distinguish your products and services by the use of trademarks whereas a trademark assignment helps in transferring the rights, title, and interest in a trademark.

Can a trademark be bought or sold?

Yes, a trademark can be bought or sold with the consent of the existing owner and interested parties, often referred to as a trademark assignment. Trademarks frequently get exchanged from one proprietor to another and the transfers can be both short term as well as indefinitely transferred. Generally, the owner of a trademark, who wants to sell it is known as the assignor and the interested party who is willing to buy the trademark is known as the assignee. The transfer process usually takes anywhere between 6 to 12 months and needs to be recorded with the trademark registrar.

Is a trademark the same as a service mark?

A trademark is basically done for distinguishing your goods and products from another business whereas a service mark is done for distinguishing your services from another service provider.

What is the difference between trademark and copyright?

Trademarks help to distinguish your goods and products from another business whereas copyright protects original work. Copyright includes protecting your original content like songs, movies, and books whereas trademarks are more focused on distinguishing your goods and products from another business by protecting brand names, logos, and slogans.

How is a trademark assigned temporarily and indefinitely?

A trademark assignment is used when the ownership and the trademark registration need to be transferred from one owner to another. This is an indefinite handover of ownership. It is a must to sign the Trademark Assignment Agreement before assigning trademarks.

On the other hand, a trademark license agreement is just a temporary transfer of a trademark, and ownership is still held by the original owner.

Types of Trademark Assignment

There are four types of Trademark Assignment:

Complete Transfer or Complete Trademark Assignment Here, all rights associated with the trademark including, privileges to collect royalty, sell and transfer it, and others are completely handed over to another party. With this type of trademark agreement, the original owner will no longer hold any of the rights following the transfer of the trademark.

Limited Trademark Registration Transfer This trademark assignment limits the use and ownership of the trademark to only some goods/services. Here, the rights to the trademark are transferred partially and is restricted to specific goods and services only. So, owners can keep some rights to themselves and transfer rights for only specific goods or services.

Trademark Assignment including Goodwill When transferring trademark rights, this type of assignment allows the new owner to make use of the goodwill associated with the brand that has been supplied with the trademark. The new owner can utilize the trademark for new companies, or products that they create and sell.

Trademark Assignment without Goodwill

Also known as Gross Assignment, Trademark assignment without goodwill restricts the new proprietor’s ability to use Trademark Registration for new goods or services created by them in association with the trademark’s brand.

What should be included in the trademark assignment?

A trademark assignment should be drafted carefully, and it is important to mention the specific details of the trademark(s) to be transferred.

It should include:

• The name and contact details including the address of the new owner (assignee).
• In cases where the assignee is a company, details of the type of entity and state of incorporation should be included.
• Specific details of the trademark application(s) and/or registration(s) along with limitations of the transfer should be clarified.
• All information about the transfer including the goodwill associated with the marks should be clarified.
• If there are multiple marks involved, a single trademark assignment can include a schedule with the list of all the trademarks to be transferred.
• It is important to note and understand that the license to use a trademark is different from transferring ownership of the mark. In a trademark license, the licensor will still have ownership of the mark.

What are the benefits of Trademark Assignment?

Valuation of Trademark: A lot of effort is put into creating a brand and the process of assignment of a trademark slows the owners to cash in on the value created by the brand and get monetary returns for the same.

Trademark Assignment Agreement acts as legal proof : if a dispute ever arises with regards to the trademark, the Trademark assignment agreement can act as evidence of ownership and rights assigned.

Already established brand: someone who is using a trademark of another, they benefit by being able to enjoy the value that has already been created and is associated with the brand.

Conclusion: Trademark Assignment

So, trademark assignment or transfer of trademark registration is a process where the ownership, rights and registration of a trademark is given to another party. Although it is not mandatory to register a trademark for any business, having one does give you a stronger legal footing if any issues come up in the future. So, it is very important for any kind of business to register a trademark, which will help them to distinguish their goods and products from the others to take competitive advantage and grow their business to the next level.

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Trade Mark Assignment Agreement

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.

Trade Mark Assignment (Pro-Assignor)

When to use this template

The Trade Mark Assignment (Pro-Assignor) legal template is a document designed specifically for use in the United Kingdom to facilitate the transfer of ownership rights of a trademark from the assignor to another party. This legal template outlines the terms and conditions that both parties must adhere to during the assignment process.

The document includes a comprehensive framework to protect the interests of the assignor (the current trademark owner) in the assignment agreement. It ensures that the assignor is fully compensated for transferring their trademark and that they are relieved of any liability associated with the transferred trademark.

The template includes provisions defining the trademark being assigned, obligations of the assignor, warranties and representations made by the assignor regarding the trademark, and the consideration or payment to be made by the assignee in exchange for the trademark.

Additionally, the Trade Mark Assignment (Pro-Assignor) template covers important clauses addressing intellectual property rights, indemnification, governing law, dispute resolution, and any additional terms and conditions specific to the assignment under UK law.

With this legal template, both parties can have a clear and legally binding agreement that protects their respective rights and interests regarding the transfer of a trademark in accordance with the laws and regulations governing intellectual property in the United Kingdom.

Key issues covered in this template

• Delivery method
• Email transmission
• Trade marks
• Transmission of agreement
• No third party rights

Governing law

• Jurisdiction

What to watch out for

Make sure that the agreement clearly sets out the trade marks that are being assigned, and that these trade marks are properly registered;

Check that the agreement sets out the consideration (payment) that the assignee will provide to the assignor in exchange for the trade marks;

The agreement should contain provisions regarding the use of the trade marks by the assignee, and any restrictions on such use;

The agreement should also contain provisions regarding the maintenance and renewal of the trade marks;

Finally, the agreement should set out the terms of the assignment, including the date on which the assignment will take effect

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Organisations that used this template

Terms of use, additional information.

Business categories

Business activities

Assign a trade mark

Contract type

Trade mark assignment

Relevant sectors

Relevant company sizes

England and Wales

Gender neutral