Introduction
This precedent is designed to assign ownership of an unregistered (common law) trademark from one party to another.
The document sets out the terms on which rights in a trademark are transferred, including warranties, assignment provisions, and obligations of the parties.
It includes provisions dealing with the assignment of goodwill, further assurances, and the protection of intellectual property rights.
This precedent provides a practical starting point for businesses and individuals transferring ownership of unregistered trademarks.
What is an Assignment of an Unregistered Trademark?
An assignment of an unregistered trademark is a legal document that transfers ownership of a common law trademark from one party to another.
It is commonly used where a business is selling a brand or goodwill and requires a trademark assignment agreement to transfer rights in an unregistered trademark or common law trademark.
Professionally Drafted Legal Precedent
Prepared by experienced Australian commercial lawyers, this precedent provides a comprehensive and reliable framework for real-world use.
The document is fully editable in Microsoft Word and includes an Editing Legal Documents Guide to assist with completing and tailoring the agreement.
Designed for immediate use, it can be adapted to suit a wide range of legal and commercial scenarios.
At A Glance
What is an Assignment of an Unregistered Trademark?
An assignment of an unregistered trademark is a legal document that transfers ownership of a common law trademark from one party to another.
It is commonly used where a business is selling a brand or goodwill and requires a trademark assignment agreement to transfer rights in an unregistered trademark or common law trademark.
What is an Assignment of an Unregistered Trademark?
An assignment of an unregistered trademark is a legal document that transfers ownership of a common law trademark from one party to another.
It is commonly used where a business is selling a brand or goodwill and requires a trademark assignment agreement to transfer rights in an unregistered trademark or common law trademark.
Typical Use
• Sale of business goodwill
• Transfer of brand ownership
• Assignment of common law trademarks
• IP restructuring or business sales
Download Details
• Lawyer-drafted precedent
• Suitable for Australian use
• Fully editable Microsoft Word document
• Instant download available immediately after purchase
Drafted by Legal Professionals
Our precedents are prepared by Australian legal practitioners and reflect commonly used legal drafting standards.
Practical and Easy to Use
Each template provides a structured framework that can be adapted to suit the specific transaction or matter.
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Download immediately after purchase and edit the document in Microsoft Word to suit your requirements.
Related Precedents
Also Known As
This document may also be referred to as:
• Common law trademark assignment
• Unregistered trademark transfer agreement
• Trademark assignment agreement (unregistered)
• Transfer of brand ownership agreement
 Frequently Asked Questions
What is an unregistered trademark?
An unregistered trademark is a brand or mark that is protected under common law rather than being formally registered. Rights arise through use and reputation in the marketplace.
When should this document be used?
This document should be used when transferring ownership of an unregistered trademark, such as during a business sale or transfer of brand assets.
Does this include goodwill?
Yes. The assignment typically includes the goodwill associated with the trademark, ensuring the purchaser acquires the full benefit of the brand.
Can this document be customised?
Yes. This precedent is provided in fully editable Word format, allowing you to tailor the description of the trademark, warranties, and assignment terms.
Assignment of Unregistered Trademark – Instant Download
• Lawyer-drafted trademark assignment agreement
• Suitable for Australian legal use
• Fully editable Microsoft Word document
• Includes provisions for transfer of common law trademark rights
• Instant download available immediately after purchase
Used by lawyers, businesses and commercial operators across Australia.
Download This Precedent
Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.