Deed of Assignment (Trade Mark) Template
Selling a brand, buying one, or moving your business name into a company? The name needs to legally change hands, not just change who uses it.
The Deed of Assignment (Trade Mark) Template is a lawyer-drafted deed that transfers ownership of a trade mark from one person or company to another, the right way. Registered, pending, or built up through years of use, you can move it cleanly, with guidance notes walking you through every clause. Add your details, sign, done, and legally legit.
A trade mark is often one of the most valuable things a business owns, so when it changes hands, a handshake or an invoice is not enough. Ownership has to be transferred by a proper legal document. Without one, the “new owner” may not actually own the brand they think they paid for, which causes problems with renewals, enforcement, and any future sale.
The Deed of Assignment (Trade Mark) Template fixes that. It is a ready-to-use deed that transfers all right, title and interest in a trade mark, plus the goodwill that goes with it, from the current owner (the Assignor) to the new owner (the Assignee). It is drafted for Australian businesses and works whether the mark is registered, still a pending application, or an unregistered “common-law” mark you have built up through use.
Every clause comes with a plain-English guidance note telling you what it does and what to fill in, plus optional wording you can switch on or off. Anything in brackets is a quick choice to make or a detail to add. You also get a built-in “how to sign a deed” walkthrough and a reminder to record the assignment with IP Australia afterwards, the step most people forget.
Moving your brand into a company, or buying a business name that is not registered yet? The template includes guidance for unregistered marks too, including the golden rule that they can only be assigned with the goodwill of the business, and the right order to assign then file.
Your purchase includes:
- Deed of Assignment (Trade Mark) in editable Word format
- A guidance note for every clause, built into the template
- Dual execution blocks, ready for individuals and companies, for both parties
- A trade mark Schedule to capture the mark, number, class and goods/services
- Single user licence to edit, use and reuse the template for your own business
- BONUS: optional “with / without goodwill” wording you can switch on or off
- BONUS: a built-in how-to-sign-a-deed guide and IP Australia recording checklist
Got questions? Check out our FAQs below.
The Deed of Assignment (Trade Mark) Template gives you:
- A clean transfer of ownership - assigns all right, title and interest in the trade mark, with an optional clause to include the business goodwill (essential for unregistered marks).
- The right to chase past infringements - passes the right to sue for infringements that happened before the transfer to the new owner.
- Assignor warranties - the seller confirms they actually own the mark, can assign it, and that it is free of undisclosed licences or security interests.
- Consideration and GST - covers the price (even a nominal amount works in a deed) and flags when GST applies.
- Further assurance and IP Australia recording - obliges the seller to sign the forms to update the register so the new owner is on the record.
- Deed execution - signing blocks for individuals (with witness) and companies (section 127), plus guidance on signing electronically.
How to use your template
Download: purchase and immediately receive a download link to your inbox.
Read: work through the deed; each clause has a guidance note telling you what it does and what to fill in.
Edit & Apply: fill in the brackets, choose the with/without goodwill option, complete the Schedule, and delete the guidance notes.
Sign & Record: sign as a deed using the right execution block, then record the assignment with IP Australia.
Perfect for anyone who needs to move ownership of a brand name or trade mark, including:
- Founders moving their brand from their own name into a company
- Sole traders incorporating or restructuring their business
- Business buyers and sellers transferring a brand as part of a sale
- Designers, agencies and creators acquiring or handing over brand assets
- Anyone who owns a trade mark, registered, pending or unregistered, and needs to assign it
For when ownership of atrade markneeds to move from one person or entity to another, and you want it done by a proper deed so the transfer is legally binding, the goodwill goes with it, and the new owner can be recorded as the rightful owner with IP Australia.
IMPORTANT
Purchasing our fill-in-the-blanks templates for you to customise and ensure they suit you and your business needs, utilising our free resources, or having a chat with us as part of a consultation doesn't create a lawyer-client relationship between you and Foundd Legal (sorry!). It also doesn't constitute legal advice. Please consult with a lawyer for any questions.
Our templates have been designed to cater to general contractual needs and, in some cases, specific industry requirements. However, they may not encompass all unique aspects or specific needs of your situation. Transferring a trade mark, particularly an unregistered mark or a transfer between different entities, can have ownership and tax consequences, so if you require specific terms not covered in the template, we strongly recommend seeking professional legal advice. By using our templates, you acknowledge that they may not fully cover the intricacies of your individual circumstances and agree to modify and adapt the content as necessary. We are not responsible for any omissions or the suitability of any template for your particular needs.
You get a single user licence and can reuse the template for your own business needs. But keep in mind we're a small business just like you, so from the bottom of our humble hearts, thank you for making a legit purchase and not sharing. Use of this Site and your purchase of any digital products are subject to our Terms and Conditions.
Have more questions? Read our FAQs.