Reading time: 2 minutes

Trademarks are signs which are used to distinguish your goods and services from those of others, within the course of trade. Trademarks include logos, brand names, symbols and slogans. Most businesses have at least one trademark. Registering your trademarks may give you increased rights to use the trademark, including to defend it, and to assign it. For more information on the benefits of registration please see: https://legalvision.com.au/what-is-a-trademark-and-why-register/ The owner of a registered trademark has the exclusive right to use that trademark in relation to the specific categories to which it is registered, under the Trade Marks Act 1995. It is possible to assign the ownership rights or interests of a trademark to another party who may be either an individual or a company. When assigning the ownership rights, it is also possible to also assign or transmit all or part of the goods and services that the trademark represents.

How do I assign my trademark?

You must notify the Registrar of Trade Marks in writing of the proposed assignment through completing an “Application to record assignment or transmission of a trademark” form. This form must be accompanied by one of two documents:

  1. A letter from the previous owner requesting the assignment of the trademark to the new owner.
  2. Any other document that proof of title to the trademark eg. Deed of Assignment, Merger Document, Witnessed Declaration or probate document

It is useful to note that if more than one person owns the trademark, the signature of all owners must be included in the transfer document. Once the assignment has been successfully carried out, a letter will be served on the applicant.

Conclusion

While assigning a trademark can be a fairly simply process, it is a good idea to speak to a trademark specialist or an intellectual property lawyer, to check that assigning the trademark is the best approach for your business.  An alternative is to license the trademark for others to use.  This means that others can use the trademark, but you still retain ownership. For more information on trademarks that may be useful to you please see: http://www.ipaustralia.gov.au/

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards