Trademark Contracts

What is a Trademark?

A Trademark is a word or graphical representation used for the purposes of distinguishing ones goods or services from that of others.

In order to obtain comprehensive protection for a Trademark, it is required to be registered in the country in which the Trademark is to be used.

Registration of a Trademark in Australia gives you 10 years of protection, which can subsequently be renewed in blocks of 10 years.    

What are the various kinds of Trademark Contracts? 

There are two main kinds of Trademark contracts which deal with different kinds of legal aspects concerning Trademarks. They are:

 

(i) Trademark Assignment - This contract is used when the Trademark needs to be assigned to a third-party. By virtue of this contract, the Trademark will be completely transferred to a third-party either with or without consideration. 

If it is a transfer of a registered Trademark, the Assignment of Trademark needs to be registered with IP Australia. 

     

(ii) Trademark Licensing - This contract is used when the Trademark needs to be licensed to a third-party. The license to be given to a third-party can be restricted to a specific geographical area, for a specific duration and with or without consideration. 

Information Required

The template needs some basic information from you before you can use it. Therefore, we have provided specific instructions within the template, to help you understand and insert the details into the template.

It would only take about 15 minutes for you to finalise the template. 

Clauses in our Trademark Assignment Deed

Following are the clauses within the Copyright Assignment Deed provided below :

1. Definitions & Interpretation

2. Assignment 

3. Perfection of Assignment

4. Representations

5. Warranties

6. Indemnities

7. GST

8. Notices

9. Miscellaneous

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