This is a document deed to assign a registered trademark by a registered proprietor to the owner of goodwill.
This document assigns registered trademarks to the owner of the goodwill that is associated with the same or similar marks. It is used where trademarks have been registered under the Trade Marks Act 1995 (Cth) and the owner of the good will of similar marks disputes their registration. This agreement is used where the settlement of the dispute includes the assignment of the registered trademarks to the owner of the goodwill.
The assignor commits to assist the assignee to complete the transfer of the trademarks by assisting with the registration of the change of owner with the trademark registry (clause 3).
In the other document assignments of trademarks, the assignor provides a warranty of absolute title in the trademarks in the assignment.
The warranties in this document are limited to the assignor having used the trademarks in good faith and not using a substantially identical or deceptively similar mark to the trademarks after the date of this deed (clause 5).
The following documents are also assignments of trademarks:
- “Assignment of trademark including warranty and indemnity with assignment” deals with an assignment of trademarks with the goodwill associated with the business in which trademarks have been used in relation to classes of goods and services;
- “Assignment of application for registration of trademark” deals with an assignment of an application for registration of a trademark; and
- “Assignment of trademark”
This document has been authored for LexisNexis by Morris Averill, Solicitor, Averill Media Legal Services.
This document is prepared with the assistance of Specialist Editor Jim Lennon, Special Counsel, Norton Rose Fulbright.