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Trademark Assignment Agreement

Trademark Assignment Agreement Template for New Zealand

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Key Requirements PROMPT example:

Trademark Assignment Agreement

"I need a Trademark Assignment Agreement for transferring ownership of our beverage company's trademark 'SuperFizz' to ABC Beverages Limited, with the transfer to be completed by March 1, 2025; the agreement should include provisions for transferring all associated marketing materials and packaging designs."

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Document background
A Trademark Assignment Agreement is essential when transferring ownership of trademark rights in New Zealand. This document is used when a business or individual wishes to sell or otherwise transfer their trademark rights to another party, whether as part of a business sale, corporate restructuring, or standalone trademark transaction. The agreement must comply with the New Zealand Trade Marks Act 2002 and should be registered with IPONZ to ensure the assignment's effectiveness. It typically includes detailed information about the trademarks being transferred, warranties about their validity and ownership, consideration for the transfer, and obligations regarding the recordal of the assignment. This document is crucial for maintaining clear chains of trademark ownership and protecting the interests of both assignor and assignee in the New Zealand market.
Suggested Sections

1. Parties: Identifies and provides full legal details of the Assignor and Assignee

2. Background: Outlines the context of the agreement, including the Assignor's ownership of the trademarks and the intention to transfer

3. Definitions: Defines key terms used throughout the agreement, including 'Trademarks', 'Effective Date', 'Intellectual Property Rights', etc.

4. Assignment: Core section detailing the transfer of trademark rights, including associated goodwill and rights to sue for past infringements

5. Consideration: Specifies the payment or other consideration for the assignment

6. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, validity of trademarks, and absence of encumbrances

7. Further Assurance: Obligations to execute additional documents and assist with trademark office recordals

8. Costs: Allocation of costs related to the assignment and registration

9. Governing Law: Specifies New Zealand law as governing law and jurisdiction for disputes

10. Execution: Formal signing section including date and witness requirements

Optional Sections

1. Existing Licenses: Include when there are existing licenses that need to be addressed or transferred

2. Security Interests: Include when there are existing security interests registered against the trademarks

3. Tax Provisions: Include when specific tax arrangements or GST considerations need to be addressed

4. Confidentiality: Include when parties need to keep assignment terms confidential

5. Post-Assignment Obligations: Include when ongoing obligations exist for either party after assignment

6. International Rights: Include when the trademark has international registrations or pending applications

7. Domain Names: Include when related domain names are also being transferred

Suggested Schedules

1. Schedule 1 - Trademark Details: Comprehensive list of trademarks being assigned, including registration numbers, classes, and jurisdictions

2. Schedule 2 - Assignment Consideration: Detailed breakdown of payment terms and schedule if complex

3. Schedule 3 - Existing Agreements: List of existing licenses, distribution agreements, or other contracts affecting the trademarks

4. Appendix A - Form of Recordal: Template documents required for recording the assignment with IPONZ

5. Appendix B - Power of Attorney: If required for executing additional documents or handling recordals

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
























Clauses
























Relevant Industries

Retail

Consumer Goods

Manufacturing

Technology

Fashion and Apparel

Food and Beverage

Pharmaceuticals

Professional Services

Media and Entertainment

Advertising and Marketing

E-commerce

Software and Technology

Healthcare

Financial Services

Relevant Teams

Legal

Intellectual Property

Corporate Affairs

Brand Management

Marketing

Business Development

Commercial Operations

Finance

Compliance

Risk Management

Relevant Roles

Intellectual Property Lawyer

Commercial Lawyer

General Counsel

Legal Counsel

Brand Manager

Intellectual Property Manager

Chief Legal Officer

Commercial Director

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Company Secretary

Trademark Attorney

Corporate Counsel

Licensing Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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