Transfers and Assignments
Transferring trade mark ownership requires a signed contract between the current owner and new recipient. The process of assignment or transmission is different from the process used when an owner of a trade mark may change their name, while still remaining the same entity. It is also different from licensing the rights in a trade mark. That’s why we’re here to help.
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What is assignment or transfer of a trade mark?
A trade mark assignment or transfer is an official process where ownership rights in a registered trade mark or trade mark application are legally transferred from one party to another through a signed contract. Just as a deed transfers property ownership, a trade mark assignment is the process by which the new owner acquires ownership rights and is officially recognised as the trade mark holder. This process requires proper documentation to ensure the transfer is legally binding and recorded with IP Australia.
If the assignment or transmission is for all the goods and services, the name of the assignee (new owner) is entered in the Register as the owner of the trade mark in relation to all the goods and/or services and is regarded as the applicant for the registration of the trade mark.
If the assignment or transmission is for only some of the goods and/or services (ie partial), a new application or registration for the partially assigned or transmitted goods and/or services will be created and the new owner will be named for the new trade mark in relation to those particular nominated the goods and/or services for the trade mark
Do I need an assignment or transfer of my trade mark?
Businesses may need to transfer or assign trade marks in several situations, including:
During mergers and acquisitions
where company assets, including intellectual property, must transfer to the new owner
When selling specific brands
or product lines while retaining the main business
In corporate restructuring
where trade marks need to move between related companies or subsidiaries
During bankruptcy or debt settlement
or debt settlements, where trade marks may be valuable assets
Business sale or purchase
when a business owner sells their company or retires
Joint ventures
for joint venture arrangements requiring shared trade mark ownership
Franchises
where trade mark rights need specific arrangements
During bankruptcy or debt settlement
or debt settlements, where trade marks may be valuable assets.
As an aspect of succession planning
often required as part of succession planning for family businesses
Disputes
when resolving trade mark disputes through settlement agreements
Strategic alliances
strategic business alliances requiring trade mark sharing or transfer
It does not include transmission by operation of law, or devolution on the personal representative of a deceased person, or any other kind of transfer. It’s also different from the process where the owner of a trade mark changes their name, but remains the same entity.
Can I do a partial assignment of a trade mark application?
In Australia, trade marks rights can be transferred in full or in part. A partial assignment means the original owner keeps the trade mark for certain goods or services while transferring rights for other goods or services to the new owner.
The Trade Marks Act 1995 (Cth) allows this flexibility but places responsibility on both parties to ensure the split won’t mislead or confuse the public. While the Registrar records these partial assignments, they don’t assess potential public confusion. However, if the trade mark application is still pending, partial assignments might trigger cross citations.
These rules apply to both registered marks and pending applications. Notably, partial assignments can be recorded even when similar goods or services are being assigned to the new owner.
It may also occur with or without business ‘goodwill’ in the relevant goods or services.
Geographic restrictions aren’t allowed in partial assignments.
This arrangement lets businesses split their trade marks rights based on product or service categories while maintaining protection against consumer confusion.
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To obtain the assignment or transfer of a registered trade mark, or trade marks application, the application to record must comply with the formal requirements and be supported by a document that establishes title to the trade mark.
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Common Questions about Transfer or Assignment of a Trade Mark
The cost is AUD$330 (inclusive of GST).Â
No. Our pricing structure is transparent. There are no hidden costs.
An unregistered trade mark cannot be assigned without also assigning the business goodwill as well. Our fixed fee service covers full or partial assignments of either a registered trade mark or a trade mark application, not common law (unregistered) trade marks.
How long it takes to assign or transfer a trade mark depends on a number of variables, but you should expect it to take anywhere from two days to two weeks. Following receipt of your complete instructions, we can issue a draft deed of assignment within 24 hours. The filing time depends on how quickly its terms are agreed by the parties. It must be executed by the assignor before it can be filed.Â
The foundation for trade mark assignments lies in the Trade Marks Act 1995 (Cth) (Act) as the basis for establishing trade marks as personal property under section 21(1). This classification as personal property means trade marks are assets that can be legally transferred between parties. The Act further strengthens this by granting registered owners full proprietary rights through section 22(1), which empowers them to deal with the trade mark as its absolute owner.
The specific authority to transfer trade mark ownership comes from section 106(1), which explicitly permits the assignment of both registered trade marks and trade marks applications that are still making their way through the registration process. Section 106(2) allows for partial assignments (meaning that it may apply to some only of the goods and/or services in respect of which registration is sought or the trade mark is registered), but an assignment may not be partial in relation to its geographical area of use. To ensure these transfers are properly documented and publicly recorded, section 109 establishes a mechanism for recording assignments in the trade marks register maintained by IP Australia.
To request the assignment of a trade mark or trade mark application through Trade Marks Office, you’ll need to provide:
- Trade mark registration number
- Full name and address of Applicant (including ACN or ABN if a company)
- The Assignor’s (old owner/s) name and address
- The Assignee’s (new owner/s) name and address
- Name, Title and Capacity of Authorised Signatory for at least the Assignor (old owner)
Note: If there is more than one owner, all owners must sign. - Name, Title and Capacity of Authorised Signatory for at least the Assignee (new owner)Â
- Email address for delivery of confirmation
- Payment details for $300 fee
- Urgency level (standard 24hr or express service)
Contact us via phone, email or our website form. We’ll confirm receipt of your instructions and get the deed of assignment to you within 24 hours of receipt of your complete instructions.
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Trade Marks Office is an online trade marks service operated by Nicholas Weston, a full service Australian commercial law firm and trade marks attorney practice founded in 2005. Trade Marks Office is independent of, and unaffiliated with, IP Australia. We provide the online trade mark services available on this website subject to our Terms of Service and Privacy Policy. Information submitted through our online trade mark application service is not protected by legal professional privilege, though privilege may apply to separate legal advice services where specifically engaged
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