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Trademark Assignment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Trademark Assignment Agreement

"I need a Trademark Assignment Agreement under Swiss law for transferring ownership of our technology trademark portfolio (3 registered trademarks) to a major competitor as part of a strategic sale, with completion planned for March 2025 and including provisions for a 3-month transitional period where we can continue using the marks."

Document background
The Trademark Assignment Agreement is a crucial legal instrument used when a trademark owner wishes to transfer complete ownership of their trademark rights to another party. This document is particularly important in the Swiss context, where trademark assignments must comply with specific requirements under the Federal Act on the Protection of Trademarks and Indications of Source. It's commonly used in various business scenarios including corporate acquisitions, brand divestitures, business restructuring, or strategic brand management decisions. The agreement covers all aspects of the trademark transfer, including registration details, warranties, consideration, and procedures for recording the assignment with the Swiss Federal Institute of Intellectual Property. It ensures a clean transfer of rights while protecting both parties' interests and maintaining the trademark's validity under Swiss law.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee with full legal names and addresses

2. Background: Context of the assignment, including current ownership and registration status of the trademarks

3. Definitions: Key terms used in the agreement, including 'Trademarks', 'Effective Date', 'Intellectual Property Rights', and 'Territory'

4. Assignment: Core provision transferring all rights, title, and interest in the trademarks from Assignor to Assignee

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

6. Delivery of Documentation: Requirements for transferring all relevant documentation, including registration certificates and records

7. Assignor's Warranties: Warranties regarding ownership, validity, and non-infringement of the trademarks

8. Further Assurances: Commitment to execute additional documents and assist with trademark office recordals

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Transitional Arrangements: Used when the Assignor needs continued temporary use of the trademarks or when phased transfer is required

2. International Registrations: Include when trademarks have international registrations under Madrid Protocol requiring specific handling

3. Tax Provisions: Needed when there are specific tax implications or requirements for the transfer

4. Ongoing Proceedings: Include when there are pending applications, oppositions, or disputes involving the trademarks

5. Confidentiality: Required when parties need to keep terms of the assignment confidential

6. Quality Control: Used when temporary licenses back to Assignor are granted or during transition periods

7. Associated Rights: Include when transferring related domain names, social media accounts, or other associated rights

Suggested Schedules

1. Schedule 1 - Trademarks: Detailed list of all trademarks being assigned, including registration numbers, classes, and jurisdictions

2. Schedule 2 - Form of Recordal Applications: Templates or forms required for recording the assignment with relevant trademark offices

3. Schedule 3 - Assignment Recordal Requirements: Country-specific requirements for recording the trademark assignment

4. Schedule 4 - Associated Rights: List of domain names, social media accounts, or other rights being transferred

5. Schedule 5 - Existing Agreements: List of relevant existing licenses, coexistence agreements, or other contracts affecting the trademarks

Authors

Alex Denne

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

Relevant legal definitions

























Clauses



























Relevant Industries

Consumer Goods

Retail

Technology

Pharmaceuticals

Fashion and Luxury

Food and Beverage

Manufacturing

Entertainment

Media

Professional Services

Healthcare

Financial Services

Automotive

Telecommunications

Relevant Teams

Legal

Intellectual Property

Brand Management

Corporate Development

Marketing

Finance

Compliance

Executive Leadership

Business Development

Commercial

Relevant Roles

General Counsel

Intellectual Property Counsel

Brand Manager

Chief Legal Officer

Trademark Attorney

Legal Director

Corporate Lawyer

Intellectual Property Manager

Chief Executive Officer

Chief Financial Officer

Commercial Director

Business Development Manager

Marketing Director

Compliance Officer

Corporate Secretary

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

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