Selling or Transferring Your Business? Don’t Forget the Trademark Assignment

Protect the Value of Your Brand During a Sale or Transfer

When you sell or restructure your business, you’re not just transferring physical assets — you’re also transferring the intellectual property that gives your business its identity and market value.

Your trademark — the name, logo, or slogan that customers recognise and trust — is one of the most valuable parts of that transaction. Yet, many business owners overlook the formal process of assigning their registered trademark rights.

At Greyson Legal, our Brisbane trademark lawyers ensure your trademarks are properly transferred during business sales, mergers, or restructures — protecting both your interests and the integrity of your brand.

What Is a Trademark Assignment?

A trademark assignment is a legal transfer of ownership of a registered or pending trademark from one party (the assignor) to another (the assignee).

It can occur:

• As part of a business sale or acquisition

• During an internal restructure (e.g., moving assets from an individual to a company or trust)

• When transferring rights between related entities

• As part of a licensing or franchising arrangement

This process ensures that the new owner obtains full legal control and exclusive rights to use, license, or enforce the trademark.

How to Transfer a Trademark in Australia

Trademark assignments are governed by the Trade Marks Act 1995 (Cth) and must be registered with IP Australia.The process typically involves:

1. Confirming Ownership and Registration Details

Confirm that the seller is the registered owner of the trademark and that details such as the entity name, address, and classes are current.

2. Preparing a Trademark Assignment Agreement

This legal document outlines:

• The details of the trademark(s) being transferred

• The parties involved (assignor and assignee)

• Whether the transfer is full or partial

• Any associated consideration (sale price, royalty, etc.)

At Greyson Legal, we draft agreements tailored to your transaction to ensure compliance and enforceability.

3. Registering the Assignment with IP Australia

Once signed, the assignment must be lodged with IP Australia to update the public record. Until it’s recorded, the new owner may not have standing to enforce the mark or claim exclusive rights.

Common Scenarios Where Trademark Assignments Are Needed

Business Sale or Acquisition

When selling your business, trademarks should be included in the sale of business contract. Greyson Legal ensures the sale documents properly reference your trademarks and that assignments are properly processed.

Company Restructure

If you’re moving assets into a new company, family trust, or partnership, your trademark must be formally transferred to the new entity to maintain valid ownership.

Franchise or Licensing Arrangements

If you operate a franchise network or licence your brand to others, clarity over trademark ownership is essential to avoid brand dilution or breach of contract.

Estate or Succession Planning

Trademark assignments can also occur through inheritance or family business transitions — ensuring that brand ownership continues seamlessly across generations.

Greyson Legal’s Role in Trademark Transfers

As experienced Trademark Lawyers in Brisbane, Greyson Legal can assist with every stage of the assignment process:

• Preparing and reviewing Trademark Assignment Agreements

• Ensuring compliance with the Trade Marks Act 1995 (Cth)

• Lodging assignments with IP Australia

• Advising on related IP and commercial contract matters

• Coordinating with accountants, brokers, and IP professionals during business sales

We also provide advice on licensing arrangements, co-ownership, and international trademark transfers through the Madrid Protocol.

Protect Your Brand When You Transfer Your Business

A properly executed trademark assignment safeguards your business reputation, preserves brand value, and prevents costly legal disputes.

If you’re selling, restructuring, or transferring your business, make sure your trademarks are handled with the same care as your other assets.

📞 24-Hour Hotline: 0411 248 885📧 Email: mail@greysonlegal.com 🌐 Website: www.greysonlegal.com