Assignment of Trade Marks (Deed)

An assignment of trade marks (deed) allows one organisation to assign its IP rights in one or more trade marks to another company or person. Once assigned, the party assigning the trade mark(s) is no longer the owner. Read more
Legislation GB-EAW
Topics Updated by a lawyer: 30 Jan 2023

This assignment of trade marks (deed) template can be used whenever a company or a person wants to assign its intellectual property rights in trade marks to another person or business. This means the party being assigned the trade marks will officially become its owner. After the assignment, the assignor will not be able to use the trade mark(s) unless the assignee grants a licence to the assignor to use the trade mark.

What's a trade mark?

In simple terms, a trade mark is a word or symbol or other signifying factor (e.g. a colour) that you use in the course of your trade to distinguish your business, or products, or services from others. Trade marks are often a valuable asset for a business since it will use these on its assets and website to help its customers identify the brand.

The very first instance of a trade mark was all the way back in 1266. While this use case revolved around the marking of a baker’s loaf of bread, trade marks have evolved today to protect a broad suite of intellectual property assets. This protection allows businesses to maximise the value of their intellectual property assets while protecting the integrity of the trade mark itself from copycats.

How to assign a trade mark?

This assignment of trade mark (deed) template allows one organisation to assign its intellectual property rights in trade marks to another. You may want to use this template where you have decided to transfer or sell your trade mark(s) to a company or individual. Once assigned, the assignor no longer holds any legal rights in the trade mark(s).

If you only intend to licence the trade mark and not transfer the trade mark to a new owner, then check out our a Trade Mark Licence.

This trade mark assignment can be used for trade marks that are either registered or unregistered. By using this template, you can transfer either or both types of trade mark in just one assignment.

Template that suits your needs: This template to assign trade marks is wide enough to cover both registered trademarks and unregistered logos. This document is an assignment of trade marks under English law.

What are the key benefits of using Docue's assignment of trade marks (deed)?

Effectively assign trade marks: Assignments effectively transfer the ownership of the trade mark(s) from the previous owner to the new owner. The assignment leaves the original owner with no further rights in relation to the trade mark(s).

Ensure both parties are protected: An assignment of trade marks (deed) template contains legal terms that aim to protect both parties. This assignment of trade marks template also includes pro-assignor or pro-assignee terms which, depending on which party you select that you are, will give you the option to select terms that are more favourable for you.

Transfer or sell: As the document will be signed as a deed, if the party assigning the trade mark(s) will be assigning the trade mark(s) for free, there does not need to be money payable (known as "consideration" in legal talk!) in return for the trade mark(s). Consideration would be necessary if the assignment were a typical contract and not a deed.

Good housekeeping: Recording the assignment in a deed will ensure both parties know where they stand and prepare to register the new owner with the Intellectual Property Office. Once the assignment of a registered trademark has occurred, the trade mark register can be updated with the new owner's name.

What are the key terms that an assignment of trade marks should include?

Key terms: This assignment of trade marks (deed) template includes the following key provisions:

  • Details of the trade mark(s);
  • Assignment;
  • Warranties;
  • Price and payment for the assignment (if applicable);
  • Indemnity; and
  • Law and jurisdiction.

This document is an assignment of trade marks under English law.

Other types of IP assignment template

This assignment of trade marks (deed) template should only be used if the parties will only be assigning one or more trade marks. If you are looking for a template to assign the IP in copyright, our assignment of copyright (deed) template will be suitable. Alternatively, if you intend to assign the IP rights in a patent, then you can find our template for this here.

Why use Docue?

All templates drafted by lawyers At Docue, we’re committed to continuously improving our 80+ customisable templates. UK lawyers have developed and constantly maintain each legal document in Docue’s template bank.

So easy to use: Docue’s platform allows you to access and customise a lawyer-made trade mark assignment template at the click of a button. With Docue’s ultra-modern contract drafting technology, you can complete the document and send it for signature in minutes. The template includes guidance prepared by our lawyers that supports you through the drafting process.

Affordable: Our pricing is clear and cost-effective, we don’t believe in hidden costs buried in the fine print.

Tags: ownership and assignment of trade marks, transfer of trade marks, assignment of trade marks, trade mark transfer agreement, trade mark assignment template, trademark, intellectual property, IP

Legislation GB-EAW
Topics Updated by a lawyer: 30 Jan 2023

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