Business assets are valuable and, when necessary or desired, can be
exploited like any other commodity. Trade Marks are no exception. As with
any business asset, they can be sold (assigned) or licensed, subject to
whatever terms and conditions may be agreed upon. This Trade Mark
Assignment provides for the assignment of one or more trade marks (which
may be registered or unregistered).
This template has been comprehensively updated from its previous version
and now includes provisions for greater protection for both parties by
means of warranty and indemnity provisions. Greater levels of assistance
are also provided for, extending beyond the original “further assistance”
provisions relating to the assignor’s obligations to ensure the assignee’s
ownership of the trade mark(s), now adding provisions specifically relating
to legal proceedings.
A number of undertakings on the part of the assignor are provided for in
this assignment, including the obligation to assist the assignee in
practical and legal matters relating to the trade mark(s). Warranties are
also provided, ensuring the validity of the assignment and providing
reassurance for the assignee.
The trade mark(s) to be assigned is/are referenced in the document and can
be detailed in a schedule. Users of this document should aim to provide as
much detail as possible, including descriptions of the trade mark(s),
visual representations, details of the class(es) of goods and/or services
for which the trade mark(s) may be registered, and other details of
registration such as duration.
Optional phrases and clauses are enclosed in square brackets. These should
be read carefully and selected so as to be compatible with one another.
Unused options should be removed from the document.
This Trade Mark Assignment contains the following clauses:
1. Definitions and Interpretation
3. Fee and Payment
5. Further Assistance
6. Assignor’s Warranties
7. Assignee’s Warranties
9. Assignment of Agreement
11. Force Majeure
12. No Waiver
14. Law and Jurisdiction
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highlighted fields or adjust the wording to suit your purposes.
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