This is a document assignment of trademark that also assigns goodwill and includes a warranty and indemnity.
This document implements an assignment of trademarks, together with domain names that include the trademarks, and the goodwill of the business that uses the trademarks in relation to goods or services.
The assignment of a trademark may also include the goodwill of the business concerned as the goodwill in the trademark and the business are separate. See section 106(3) of the Trade Marks Act 1995 (Cth) (Act).
A trademark may be assigned with or without the goodwill in the business. As this document also assigns the goodwill, it may be appropriate to apportion the consideration between:
- the value of goodwill; and
- the value of the trade mark,
as there can be tax and stamp duty implications.
Under this assignment, the assignor:
- commits to assist the assignee to complete the transfer of the trademark by assisting with the registration of the change of owner with the trademark registry (clause 3); and
- provides warranties related to title in the trademark and domain name (clause 5); and
- makes undertakings in relation to preserving the registration of the trademark (clause 5).
The assignor also warrants that they have used the tradema
This document has been authored for Lexis Nexis 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.