"Trademark Assignment Agreement Template"

What Is a Trademark Assignment Agreement?

A Trademark Assignment Agreement is a legal document that allows parties, an assignor and assignee, to record the purchase and sale of a federally registered trademark. This is the document for you if you need to buy or sell a registered trademark or service mark and if you want to remove, add, or change the name of the owner of the mark. Whether your transaction involves a trademark, logo, or service mark, this agreement will help make the transfer of ownership legitimate.

Alternate Name:

  • Trademark Assignment Contract.

If you need to transfer an owner's rights, interest, and title of a trademark or service mark, you may download a Trademark Assignment Agreement template below or draft a more personalized document using our online form builder.

ADVERTISEMENT

What Is a Trademark Assignment?

A Trademark Assignment means the transferring party (assignor) transfers to the receiving party (assignee) the property rights in a trademark or service mark. When you assign the trademark, you also convey the goodwill or business associated with it - a transfer of ownership without goodwill is invalid. A trademark or service mark is a valuable asset and prized possession because it helps the customer to quickly associate specific qualities with a recognizable brand. A proper Trademark Assignment will prevent the loss of time, money, and image for both parties.

How to Record a Trademark Assignment?

The assignment of a legally recognized symbol, word, phrase, or design must be done in writing to provide a record of ownership and transfer and protect the rights of both parties in case of a potential dispute or disagreement. To be valid, a Trademark Assignment Agreement has to include the following information:

  1. Identification of the assignor and the assignee, their addresses and telephone numbers.
  2. Description of the trademark to be assigned and any relevant registrations or applications for the mark. The assignor transfers to the assignee all the interest in the mark, including the income and royalties payable to the assignor regarding the mark and all rights to sue for the infringement or misappropriations of the mark.
  3. Warranty. The assignor confirms the legal ownership of all rights, title, and interest in the trademark and certifies that the trademark has not been previously assigned, encumbered, or pledged - that is, the agreement will not infringe on the rights of another individual or entity.
  4. Purchase price. Any trademark has a monetary value, so the assignee must pay the assignor a consideration. Before you sell all of your rights in a trademark, make sure this is the best course of action for you and your business - that one-time payment is all that you will receive for the trademark.
  5. Signatures of the parties and the actual date of signing.

Both parties are highly encouraged to review the agreement carefully to ensure the inclusion of all relevant deal points - state expressly all the expectations and terms, it is better to be over-inclusive.

You may obtain a notary seal if you wish - the notarization is not strictly required, but recommended. Once the assignment is recorded, the assignee must register it with the U.S. Patent and Trademark Office, otherwise, the agreement will not be effective. You can do it online via the Electronic Trademark Assignment System or by mail - complete the Recordation Form Cover Sheet to transfer ownership and mail it to the Mail Stop Assignment Recordation Branch, Director of the US Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450.

ADVERTISEMENT

Download "Trademark Assignment Agreement Template"

327 times
Rate (4.7 / 5) 23 votes
Trademark Assignment Agreement
This ​ T rademark Assignment Agreement (hereinafter referred to as the “Assignment”)
is entered into as of __________________ by and between _______________________,
with a mailing address of ___________________________________________________
__________ (hereinafter referred to as the “Assignor”) and _______________________,
with a mailing address of ___________________________________________________
(hereinafter referred to as the “Assignee”), collectively referred to as the “Parties,” both
of whom agree to be bound by this Agreement.
In consideration of the foregoing and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Trademark. The Assignor is the lawful and registered owner of a mark that is
registered in the U.S. Patent and Trademark Office (USPTO) ______________________
Registration Number
dated ___________________ (hereinafter referred to as the “Trademark”).
Registration Date
2. Trademark Assignment. The Assignor irrevocably assigns, grants and transfers to the
Assignee, all of the Assignor’s worldwide right, title, and interest in and to the
Trademark, including any common law rights that may exist in the Trademark, and any
trademark registrations and applications that may exist covering the Trademark, along
with the goodwill of the business symbolized by the use of the Trademark, and the right
to sue third parties for and recover and retain all damages and other remedies for past,
present, and future infringement and all other violations in law or equity concerning the
Trademark, the same to be held and enjoyed by the Assignee for their own use and
enjoyment and the use and enjoyment of their successors, assigns or other legal
representatives, as fully and entirely as the same would have been held and enjoyed by
Assignor if this assignment had not been made (hereinafter referred to as the
“Assignment”).
2. Trademark Usage. ​ T he Assignor agrees to completely cease the use of the Trademark
or any confusingly similar trademark. The Assignor will not challenge the Assignee's
rights to the Trademark.
© ​
T EMPLATEROLLER.COM
Trademark Assignment Agreement
This ​ T rademark Assignment Agreement (hereinafter referred to as the “Assignment”)
is entered into as of __________________ by and between _______________________,
with a mailing address of ___________________________________________________
__________ (hereinafter referred to as the “Assignor”) and _______________________,
with a mailing address of ___________________________________________________
(hereinafter referred to as the “Assignee”), collectively referred to as the “Parties,” both
of whom agree to be bound by this Agreement.
In consideration of the foregoing and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Trademark. The Assignor is the lawful and registered owner of a mark that is
registered in the U.S. Patent and Trademark Office (USPTO) ______________________
Registration Number
dated ___________________ (hereinafter referred to as the “Trademark”).
Registration Date
2. Trademark Assignment. The Assignor irrevocably assigns, grants and transfers to the
Assignee, all of the Assignor’s worldwide right, title, and interest in and to the
Trademark, including any common law rights that may exist in the Trademark, and any
trademark registrations and applications that may exist covering the Trademark, along
with the goodwill of the business symbolized by the use of the Trademark, and the right
to sue third parties for and recover and retain all damages and other remedies for past,
present, and future infringement and all other violations in law or equity concerning the
Trademark, the same to be held and enjoyed by the Assignee for their own use and
enjoyment and the use and enjoyment of their successors, assigns or other legal
representatives, as fully and entirely as the same would have been held and enjoyed by
Assignor if this assignment had not been made (hereinafter referred to as the
“Assignment”).
2. Trademark Usage. ​ T he Assignor agrees to completely cease the use of the Trademark
or any confusingly similar trademark. The Assignor will not challenge the Assignee's
rights to the Trademark.
© ​
T EMPLATEROLLER.COM
3. Payment. ​ F or the Assignment, the Assignee agrees to pay the Assignor
$__________________. The Assignor will accept the following methods of payment:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4. Cooperation. ​ T he Assignor agrees to cooperate with the Assignee to the fullest extent
possible in conveying the right, title, and interest in and to the Trademark.
The cooperation referred to herein includes the prompt completion and execution of any
papers necessary, including oaths, declarations, specifications, or any other papers
required to make good the complete conveyance of the trademark, as well as assistance in
proceedings taking place before the USPTO or any foreign country.
5. Execution and Delivery. ​ U pon the Assignee’s request, the Assignor agrees that they
will take such actions and execute such documents (including, without limitation, the
prompt execution and delivery of documents in recordable form or testifying as to any
material fact or thing and including the transfer of any domain names through appropriate
communications with domain name registrars) as may be necessary to vest in and secure
unto the Assignee the full right, title and interest in and to the Trademark (including any
common law rights and goodwill that may exist in the Trademark) and to protect and
enforce the Trademark.
6. Successors. The rights and obligations under this Assignment will inure to the benefit
and be binding upon any of the Assignee's successors and assignees, as well as the
Assignor's.
7. No Conflict. ​ T he Assignor warrants and represents that the Assignor is not a party to,
or will not be a party to, any assignment, agreement, or other contracts in conflict with
this Assignment.
8. Entire Agreement. ​ T his Agreement constitutes the entire agreement between the
Assignor and the Assignee and supersedes any prior or contemporaneous understandings,
whether written or oral.
© ​
T EMPLATEROLLER.COM
9. Governing Law. ​ T he Parties agree that this Agreement shall be additionally governed
by the laws of ______________________.
S tate
The Parties agree to the terms and conditions set forth above as demonstrated by their
signatures as follows:
ASSIGNOR
ASSIGNEE
Name: _____________________
Name: _____________________
Signed: ____________________
Signed: ____________________
Date: ______________________
Date: ______________________
© ​
T EMPLATEROLLER.COM
Page of 3