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Transfer Of Trademark Agreement
"I need a Transfer of Trademark Agreement to sell my registered Hong Kong trademark 'TechGlow' to ABC Technologies Limited, with the transfer to be completed by March 1, 2025, for a one-time payment of HKD 500,000."
1. Parties: Identifies and provides full details of the transferor (current trademark owner) and transferee (new owner)
2. Background: Establishes the context of the transfer, confirms ownership of the trademarks, and states the intention to transfer
3. Definitions: Defines key terms used throughout the agreement, including 'Trademarks', 'Effective Date', 'Intellectual Property Rights', etc.
4. Transfer: Core clause stating the absolute transfer of the trademark(s) from transferor to transferee
5. Consideration: States the payment or other consideration for the transfer
6. Completion: Specifies the effective date of transfer and completion mechanics
7. Transferor's Warranties: Warranties regarding ownership, right to transfer, validity of trademarks, and absence of encumbrances
8. Further Assurance: Obligation to execute additional documents and assist with trademark office recordals
9. Costs: Allocation of costs related to the transfer and registration
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
11. Execution: Signature blocks and execution formalities
1. Goodwill: Include when specifically transferring associated goodwill with the trademarks
2. Existing Licenses: Include when there are existing license agreements that need to be addressed
3. Transitional Provisions: Include when the transferee needs time to update packaging, marketing materials, etc.
4. Tax Provisions: Include when specific tax arrangements need to be addressed
5. Confidentiality: Include when transfer terms need to remain confidential
6. Assignment: Include when restrictions on future transfers need to be specified
7. Related Rights: Include when transferring associated IP rights (e.g., domain names, social media accounts)
8. Ongoing Proceedings: Include when there are pending litigation or trademark office proceedings
1. Schedule 1 - The Trademarks: Detailed list of all trademarks being transferred, including registration numbers, classes, and jurisdictions
2. Schedule 2 - Form of Recordal Applications: Templates for trademark office recordal applications
3. Schedule 3 - Existing Agreements: List of existing licenses, coexistence agreements, or other relevant agreements
4. Schedule 4 - Payment Terms: Detailed payment schedule and mechanics if payment is not made in full at completion
5. Appendix A - Power of Attorney: If required for recordal purposes
6. Appendix B - Transfer Forms: Jurisdiction-specific trademark transfer forms
Authors
Business Day
Completion
Completion Date
Consideration
Effective Date
Encumbrance
Goodwill
Hong Kong
Intellectual Property Rights
Licensed Products
Parties
Recordal Applications
Related Rights
Relevant Jurisdiction
Schedule
Territory
Trade Mark Applications
Trade Mark Rights
Trade Marks
Trade Marks Register
Trade Marks Registry
Transfer
Transferee
Transferor
Warranties
Working Day
Transfer of Rights
Consideration
Completion
Warranties
Representations
Further Assurance
Assignment
Confidentiality
Indemnification
Costs and Expenses
Notices
Force Majeure
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Good Faith
Announcements
Tax
Transitional Provisions
Non-Competition
Dispute Resolution
Compliance with Laws
Records and Registration
Existing Licenses
Retail
Manufacturing
Technology
Consumer Goods
Fashion and Luxury
Food and Beverage
Pharmaceuticals
Entertainment
Media
Professional Services
E-commerce
Healthcare
Telecommunications
Software
Financial Services
Legal
Intellectual Property
Corporate Secretarial
Finance
Brand Management
Marketing
Business Development
Compliance
Commercial Operations
Chief Legal Officer
Intellectual Property Counsel
General Counsel
Legal Director
Brand Protection Manager
Trademark Attorney
Commercial Lawyer
Chief Executive Officer
Chief Financial Officer
Brand Manager
Intellectual Property Manager
Corporate Secretary
Commercial Director
Business Development Director
Licensing Manager
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