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Assignment of trade marks

This is an assignment of trade marks. The purpose of this document is to transfer the rights in trade marks from one person to another. The transfer may relate to both registered and unregistered trade mark rights. In respect of UK registered trade marks, you must, in addition to executing a written assignment, register that assignment with the UK Intellectual Property Officer. Generally, assignments of trade marks need to be notified to the governing national IP body.

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Assignment of trade marks contents

  1. Definitions: definitions.
  2. Consideration: consideration benefiting first party.
  3. Assignment: assignment of intellectual property rights with full title guarantee option; assignment of owned intellectual property rights in works; assignment for full term of rights; assignment includes right to claim for past infringements.
  4. Warranties: first party warranty of authority; first party warranties relating to assignment IP; exclusion of implied warranties and representations.
  5. Indemnity: first party indemnifies second party upon breach.
  6. Limits upon exclusions of liability: caveats to limits of liability.
  7. Further assurance: further assurance (intellectual property); assistance with registration of intellectual property rights; assistance with proceedings relating to assigned intellectual property.
  8. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  9. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (TRADE MARKS: IDENTIFICATION)

  1. Registered Trade Marks: identification of registered trade marks to be assigned.
  2. Unregistered Trade Marks: identification of unregistered trade marks to be assigned.
  3. Excluded IP: identification of intellectual property rights to be excluded from assignment.
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