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Assignment of Trademark - Australia by PrestigeLegalDoc

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Assignment of Trademark allows an individual or a company/corporation that hold a trademark that has been registered in Australia to assign it to another party.

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									                       ASSIGNMENT OF TRADEMARK
                                       AUSTRALIA
THIS AGREEMENT is made the _________ day of _________, 20___.
BETWEEN: ________________[name of Assignor], of ___________________[ address ]
(‘the Assignor’) of the first part
AND: ________________[name of Assignee], of [___________________[ address ] (‘the
Assignee’) of the second part.
Background:


A. The Assignor is the legal owner of the Trademarks as et out in the Schedule (“the
Trademarks) in Australia under the Trademarks Act 1955 (Cth);
B.     The Assignor has agreed to assign all its rights in the Trademark and the goodwill of the
business symbolized by said Trademark with its trade or business in the particular goods/services
or classes of goods/services for which the Trademarks have been used.


NOW THE PARTIES AGREE as follows:
1.   Assignment


In     consideration     for    the   payment    of    AU$_________       (Australian      Dollars
____________________)by the Assignee to the Assignor, receipt of which is hereby
acknowledged, the Assignor hereby sells, assigns, and transfers onto the Assignee its full right,
title and interest in and to the Trademark together with the goodwill associated with its trade in
the particular goods/services or class of goods/services upon or in relation to which the
Trademark have been used.


2. Acknowledgment and Warranties


The Assignor acknowledges and warrants that:
(a) it has absolute title to the Trademark;
(b) the Assignor has not created any encumbrance (including without limitation, a charge,
mortgage, pledge, lien, right of set off) over the Trademarks that exists, as at the date of this
Agreement, over the Trademarks
(c) the Assignor does not know of any actual, suspected or threatened claim in relation to the
Trademarks , including any claim that the Trademarks infringes any intellectual property rights;
and
(d) Assignor is not insolvent within the meaning of the Bankruptcy Act 1966 and is not subject
to any arrangement or composition with creditors.

© Copyright 2010 Docstoc Inc.                                                            1
3. Authority to apply for registration


Under this assignment, the Assignor hereby grants to the Assignee the full right and sole power
and authority to apply for and obtain entry of its name as the registered proprietor of the
Trademarks by virtue of the said assignment.


4. Authorities


The Assignor further agrees to execute all documents to enable the Assignee to apply for and
obtain registration as the registered proprietor of the Trademarks; and cancel the registration of
any registered user of the Trademarks.

5. Governing law and jurisdiction


This agreement shall be governed by and construed in accordance with the laws of
_____________ [Mention State or Territory] and each of the parties submits to the non-
exclusive jurisdiction of its courts.


6. Counterparts


This agreement may be executed in any number of counterparts. All of such counterparts taken
together constitute the one instrument.


IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above
written.

Assignor's Signature
___________________________
Assignor's Printed Name
____________________________
Assignee's Signature
____________________________
Assignee's Printed Name
WITNESS:
_____________________________
Witness Signature
Full Name of Witness



© Copyright 2010 Docstoc Inc.                                                            2
on


This agreement shall be governed by and construed in accordance with the laws of
_____________ [Mention State or Territory] and each of the parties submits to the non-
exclusive jurisdiction of its courts.


6. Counterparts


This agreement may be executed in any number of counterparts. All of such counterparts taken
together constitute the one instrument.


IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above
written.

Assignor's Signature
___________________________
Assignor's Printed Name
____________________________
Assignee's Signature
____________________________
Assignee's Printed Name
WITNESS:
_____________________________
Witness Signature
Full Name of Witness




© Copyright 2010 Docstoc Inc.                                                            3

								
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