Ƶ

Trademark Assignment Agreement for Australia

Trademark Assignment Agreement Template for Australia

An Australian law-governed agreement that facilitates the legal transfer of trademark ownership from one party (the Assignor) to another (the Assignee). This comprehensive document addresses the complete transfer of trademark rights, including associated goodwill, registration details, and obligations under Australian trademark law. It ensures compliance with the Trade Marks Act 1995 and related regulations, while providing necessary warranties and mechanisms for recording the transfer with IP Australia. The agreement includes provisions for consideration, representations about trademark validity and ownership, and obligations for future cooperation in completing the transfer.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Trademark Assignment Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Trademark Assignment Agreement?

The Trademark Assignment Agreement is a crucial legal document used in Australian business transactions involving the transfer of trademark ownership. It is commonly required during business acquisitions, brand sales, corporate restructuring, or settlement of intellectual property disputes. This agreement, governed by Australian law including the Trade Marks Act 1995, facilitates the complete transfer of trademark rights from the Assignor to the Assignee, including associated goodwill and the right to sue for past infringements. The document typically includes detailed information about the trademark(s) being transferred, warranties about ownership and validity, provisions for recording the transfer with IP Australia, and any special conditions or transitional arrangements. It's essential for ensuring clear chain of title in trademark ownership and protecting both parties' interests during the transfer process.

What sections should be included in a Trademark Assignment Agreement?

1. Parties: Identifies and provides full legal details of the Assignor and Assignee

2. Background: Recitals establishing context, ownership of trademark(s), and intention to assign

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Assignment: Core provision transferring all rights, title and interest in the trademark(s)

5. Consideration: Details of payment or other consideration for the assignment

6. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and trademark validity

7. Further Assurance: Obligation to execute additional documents and assist with trademark office recordings

8. Registration: Provisions regarding recording the assignment with relevant trademark offices

9. Costs: Allocation of costs related to the assignment and registration

10. General Provisions: Standard boilerplate including governing law, notices, and entire agreement

What sections are optional to include in a Trademark Assignment Agreement?

1. Goodwill: Used when explicitly transferring associated business goodwill with the trademark

2. International Rights: Required when the assignment covers trademark rights in multiple jurisdictions

3. Existing Licenses: Needed when there are existing license agreements affecting the trademark

4. Security Interests: Required when there are existing security interests to be addressed

5. Transitional Arrangements: Used when the parties need a period of concurrent use or phased transfer

6. Tax Provisions: Required when specific tax treatment or obligations need to be addressed

7. Confidentiality: Used when specific confidentiality obligations regarding the assignment are needed

8. Employee/Contractor Obligations: Required when employees or contractors have rights or obligations regarding the trademark

What schedules should be included in a Trademark Assignment Agreement?

1. Schedule 1 - Trademark Details: Comprehensive list of trademarks being assigned, including registration numbers, classes, and jurisdictions

2. Schedule 2 - Assignment Consideration: Detailed payment terms, installments, or other consideration structures if complex

3. Schedule 3 - Form of Registration Documents: Required forms for recording the assignment with relevant trademark offices

4. Schedule 4 - Existing Agreements: List of relevant existing agreements affecting the trademark (e.g., licenses, coexistence agreements)

5. Schedule 5 - Assignment Recordal Requirements: Country-specific requirements for recording the assignment in different jurisdictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Transfer Agreement

Sector

Cost

Free to use
Relevant legal definitions

































Clauses





























Relevant Industries

Retail

Consumer Goods

Technology

Manufacturing

Fashion and Luxury

Food and Beverage

Pharmaceuticals

Media and Entertainment

Professional Services

Healthcare

Education

Sports and Recreation

Automotive

Telecommunications

Relevant Teams

Legal

Intellectual Property

Brand Management

Corporate Affairs

Marketing

Business Development

Commercial

Compliance

Risk Management

Company Secretariat

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Brand Manager

Chief Legal Officer

Trademark Attorney

Commercial Lawyer

Chief Executive Officer

Business Development Manager

Intellectual Property Manager

Company Secretary

Chief Marketing Officer

Licensing Manager

Corporate Counsel

General Counsel

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Assignment In Lease Agreement

An Australian law-governed agreement that transfers lease rights and obligations from an existing tenant to a new tenant, with landlord consent.

Download

Assignment Of Membership Interest

An Australian legal document facilitating the transfer of business membership interests from one party to another, governed by federal and state legislation.

Download

Confirmatory Patent Assignment

An Australian legal document confirming a previous patent rights transfer between parties, including detailed patent information and ownership warranties.

Download

Money Transfer Contract

An Australian law-governed agreement for money transfer services, ensuring regulatory compliance and defining service terms.

Download

Transfer Of Service Agreement

An Australian legal agreement governing the transfer of services between providers, ensuring compliant transition of operations, personnel, and obligations.

Download

Transfer Copyright Ownership Contract

An Australian law-compliant agreement that transfers full copyright ownership from one party to another, including all associated rights and obligations.

Download

Transfer Agency Agreement

An Australian-law governed agreement between a company and transfer agent for managing shareholder records and securities transfers, complying with local regulatory requirements.

Download

Employee Transfer Agreement

An Australian law-compliant agreement facilitating the transfer of employment between employers while preserving employee rights and entitlements.

Download

Car Ownership Transfer Agreement

An Australian legal agreement documenting the transfer of vehicle ownership between parties, ensuring compliance with federal and state vehicle transfer requirements.

Download

Business Asset Transfer Agreement

An Australian law agreement governing the transfer of business assets between entities, detailing terms, conditions, and completion requirements.

Download

Technology Transfer Contract

An Australian law-governed agreement for transferring technology, IP rights, and technical know-how between parties, including implementation and commercial terms.

Download

Source Code Transfer Agreement

An Australian law-governed agreement for transferring ownership and rights of software source code between parties, including delivery and acceptance provisions.

Download

Simple Business Sale Agreement

An Australian legal agreement for the straightforward sale and purchase of a business, outlining key terms and conditions of the transfer.

Download

Real Estate Transfer Agreement

An Australian legal document facilitating property ownership transfer between parties, compliant with federal and state property laws.

Download

Partial Assignment Of Lease

An Australian legal document that enables the transfer of part of a lease's rights and obligations from an existing tenant to a new tenant while maintaining some rights with the original tenant.

Download

Note Transfer Agreement

An Australian law-governed agreement facilitating the transfer of notes or debt instruments between parties, ensuring regulatory compliance and protecting all parties' interests.

Download

Interest Transfer Agreement

An Australian law-governed agreement facilitating the transfer of legal or beneficial interests between parties, compliant with federal and state regulations.

Download

Business Sales Agreement Contract

An Australian law-governed agreement documenting the terms and conditions for the sale and purchase of a business, including assets, obligations, and warranties.

Download

Asset Transfer Agreement Between Related Companies

Australian-law agreement for transferring assets between related companies within the same corporate group, ensuring regulatory compliance and proper documentation of intra-group transfers.

Download

Facility Transfer Agreement

An Australian law agreement governing the transfer of facility rights and obligations between financial institutions, ensuring regulatory compliance and proper transfer mechanics.

Download

Assignment Of Interest Agreement

An Australian law-compliant agreement for the formal transfer of rights, interests, or property from an Assignor to an Assignee.

Download

Promissory Note Transfer Agreement

An Australian law-governed agreement that documents the transfer of a promissory note from one party to another, including terms, conditions, and completion requirements.

Download

Software Ownership Transfer Agreement

An Australian law-governed agreement for transferring complete ownership rights of software from one party to another, including all associated intellectual property and assets.

Download

Simple Real Estate Purchase Agreement Between Family Members

An Australian-compliant real estate purchase agreement specifically designed for property transfers between family members, incorporating standard sale elements with family-specific considerations.

Download

Simple IP Assignment Agreement

An Australian-law governed agreement for transferring intellectual property rights from one party to another, ensuring legal compliance with Australian IP regulations.

Download

Intra Company Agreement

An Australian-law governed agreement that formalizes arrangements and relationships between related entities within a corporate group.

Download

Technology Sharing Agreement

An Australian law-governed agreement establishing terms for sharing proprietary technology between parties, including IP rights, implementation requirements, and security measures.

Download

Operations Transfer Agreement

An Australian law-governed agreement facilitating the transfer of business operations, assets, and responsibilities between entities.

Download

Intercompany Assignment Agreement

An Australian law agreement governing the temporary assignment of employees between related companies, establishing terms, conditions, and responsibilities of all parties.

Download

Unit Transfer Agreement

An Australian law-governed agreement facilitating the transfer of units in a unit trust between parties, including terms, conditions, and regulatory compliance requirements.

Download

Trademark Transfer Agreement

An Australian law-governed agreement for transferring trademark ownership, including all associated rights and obligations under the Trade Marks Act 1995.

Download

Simple Transfer Of Ownership Agreement

An Australian law-compliant agreement facilitating the transfer of ownership of property or assets between parties, with clear terms and warranties.

Download

Personal Property Transfer Agreement

An Australian law-governed agreement facilitating the formal transfer of personal property between parties, ensuring legal compliance and protection of interests.

Download

Intra Group Transfer Agreement

An Australian-law governed agreement for transferring assets, employees, or operations between entities within the same corporate group.

Download

Capital Transfer Agreement

An Australian-law governed agreement that documents and facilitates the transfer of capital between entities, ensuring regulatory compliance and defining transfer terms.

Download

Assignment Of Lease From Seller To Buyer

An Australian legal document that transfers lease rights and obligations from an existing tenant to a new tenant, subject to landlord's consent and state property laws.

Download

Transfer Payment Agreement

An Australian law-governed agreement establishing terms and conditions for structured payments between parties, including payment details, obligations, and compliance requirements.

Download

Franchise Transfer Agreement

An Australian law-governed agreement facilitating the transfer of franchise rights and obligations between franchisees, ensuring compliance with the Franchising Code of Conduct.

Download

Wire Transfer Agreement

An Australian-compliant agreement governing the terms and conditions for wire transfer services between a financial institution and its customers.

Download

Partnership Transfer Agreement

An Australian law-governed agreement facilitating the transfer of partnership interests, including terms, conditions, and obligations of all involved parties.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it