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Trademark Transfer Agreement

Trademark Transfer Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Trademark Transfer Agreement

"I need a Trademark Transfer Agreement for transferring three registered fashion brand trademarks from my UAE company to a French luxury goods corporation, with completion scheduled for March 15, 2025, including provisions for temporary continued use of the marks in our UAE retail stores for six months post-transfer."

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Document background
The Trademark Transfer Agreement is a crucial legal instrument used when transferring ownership of registered or pending trademarks in the United Arab Emirates. This document is essential in various business scenarios, including company acquisitions, brand sales, or corporate restructuring. The agreement must comply with UAE Federal Law No. 36 of 2021 on Trademarks and requires registration with the UAE Trademark Office to be legally effective. It typically includes detailed descriptions of the trademarks being transferred, consideration terms, warranties about trademark validity and ownership, and provisions for registration of the transfer. The document is particularly important in the UAE market where brand protection is crucial and trademark law enforcement is strict. This agreement serves as both a transfer instrument and a record of the parties' rights and obligations in relation to the trademark transfer.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including current ownership of the trademarks and reason for transfer

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

4. Transfer of Trademarks: Core provision detailing the transfer of ownership and all associated rights

5. Consideration: Details of the payment or other consideration for the transfer

6. Completion: Timing and mechanics of the transfer completion, including any conditions precedent

7. Transferor's Warranties: Warranties regarding ownership, validity, and non-infringement of the trademarks

8. Registration and Recordal: Obligations regarding the recording of the transfer with the UAE Trademark Office

9. Further Assurance: Commitment to execute additional documents and take necessary steps to perfect the transfer

10. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

Optional Sections

1. Existing Licenses: Required if there are existing licenses or agreements relating to the trademarks that need to be addressed

2. Transitional Arrangements: Needed when the transferor requires continued temporary use of the trademarks

3. Tax Provisions: Detailed tax arrangements if the transfer has significant tax implications

4. Ongoing Proceedings: Required if there are pending trademark disputes or proceedings

5. Confidentiality: Detailed confidentiality provisions if sensitive information is involved

6. Non-Competition: Restrictions on transferor's future use of similar marks, if agreed

7. Brand Guidelines: If the transferee needs to maintain specific quality standards or brand usage guidelines

Suggested Schedules

1. Schedule 1 - The Trademarks: Detailed list of all trademarks being transferred, including registration numbers, classes, and jurisdictions

2. Schedule 2 - Form of Transfer: Template documents required by the UAE Trademark Office for recording the transfer

3. Schedule 3 - Existing Agreements: List of all existing agreements relating to the trademarks (if applicable)

4. Schedule 4 - Payment Schedule: If payment is to be made in installments or subject to conditions

5. Appendix A - Brand Guidelines: Detailed brand usage guidelines if required for maintaining trademark validity

6. Appendix B - Power of Attorney: Required for filing the transfer with the UAE Trademark Office

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Retail

Consumer Goods

Technology

Fashion and Luxury

Food and Beverage

Pharmaceuticals

Manufacturing

Entertainment

Media

Professional Services

E-commerce

Sports and Recreation

Healthcare

Education

Relevant Teams

Legal

Intellectual Property

Brand Management

Corporate Affairs

Marketing

Business Development

Compliance

Commercial Operations

Executive Leadership

Corporate Communications

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Corporate Lawyer

Trademark Attorney

General Counsel

Commercial Director

Chief Legal Officer

Business Development Manager

Licensing Manager

Company Secretary

Compliance Officer

Chief Executive Officer

Marketing Director

Industries
Federal Law No. 36 of 2021 on Trademarks: The primary trademark law in the UAE that governs trademark registration, protection, transfer, and licensing. This recent law replaced the previous Federal Law No. 37 of 1992 and provides updated regulations for trademark transactions.
UAE Civil Code (Federal Law No. 5 of 1985): Provides the general framework for contracts and obligations in the UAE, including basic principles of contract formation, validity, and enforcement that would apply to trademark transfer agreements.
UAE Commercial Transactions Law (Federal Law No. 18 of 1993): Governs commercial transactions and business dealings in the UAE, including aspects of commercial contracts that may affect trademark transfers between businesses.
Paris Convention for the Protection of Industrial Property: International treaty to which UAE is a signatory, providing basic rules for trademark protection and transfer across member countries.
TRIPS Agreement: As a WTO member, UAE must comply with TRIPS Agreement provisions regarding intellectual property rights, including trademark protection and transfer requirements.
UAE Competition Law (Federal Law No. 4 of 2012): May be relevant in cases where trademark transfers could affect market competition or involve anti-competitive practices.
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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