Trade Mark Assignment
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
2. Assignment
3. Fee and Payment
4. Proceedings
5. Further Assistance
6. Assignor’s Warranties
7. Assignee’s Warranties
8. Indemnity
9. Assignment of Agreement
10. Notices
11. Force Majeure
12. No Waiver
13. Severance
14. Law and Jurisdiction
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