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Trademark Transfer Agreement

Trademark Transfer Agreement Template for Singapore

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Key Requirements PROMPT example:

Trademark Transfer Agreement

"I need a Trademark Transfer Agreement to transfer ownership of our company's Singapore-registered wellness product trademark to a multinational corporation, with the transfer to be completed by March 2025 and including provisions for ongoing customer transition support."

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What is a Trademark Transfer Agreement?

A Trademark Transfer Agreement is essential when businesses seek to transfer ownership of trademark rights in Singapore. This document is commonly used in corporate acquisitions, business restructuring, or strategic brand sales. The agreement must comply with Singapore's Trade Marks Act and IPOS requirements, detailing the specific marks being transferred, consideration, warranties, and registration obligations. It serves as the primary evidence of the transfer for IPOS recordal purposes and protects both parties' interests in the trademark transfer process.

What sections should be included in a Trademark Transfer Agreement?

1. Parties: Identification of transferor and transferee, including full legal names and registered addresses

2. Background: Context of the transfer, current trademark ownership status, and purpose of the agreement

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

4. Transfer and Assignment: Core provisions detailing the transfer of trademark rights, including goodwill and associated rights

5. Consideration: Payment terms, amounts, and method of payment for the trademark transfer

6. Warranties and Representations: Transferor's warranties regarding ownership, rights to transfer, and validity of trademarks

7. Registration and Recordal: Requirements and procedures for recording the transfer with IPOS and other relevant registries

8. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes

What sections are optional to include in a Trademark Transfer Agreement?

1. Further Assurance: Additional actions required to perfect the transfer, particularly relevant for complex or international transfers

2. Tax Provisions: Allocation of tax liabilities and responsibilities between parties, important for high-value transfers

3. Transitional Provisions: Temporary arrangements during transfer period, including use of trademarks and handling of ongoing matters

4. Confidentiality: Provisions regarding confidentiality of transfer terms and related information

What schedules should be included in a Trademark Transfer Agreement?

1. Schedule 1 - Trademark Details: Comprehensive list of trademarks being transferred, including registration numbers, classes, and jurisdictions

2. Schedule 2 - Payment Schedule: Detailed payment terms and installment schedule if applicable

3. Schedule 3 - Form TM22: IPOS prescribed form for recording trademark assignment in Singapore

4. Schedule 4 - Associated Rights: List of associated rights, goodwill, and related intellectual property being transferred

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

























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Industries

Trade Marks Act (Chapter 332): Primary legislation governing trademark registration, protection, and transfer requirements in Singapore. Defines valid trademark transfers and outlines recordal requirements with the Intellectual Property Office of Singapore (IPOS)

Trade Marks Rules: Subsidiary legislation containing specific procedural requirements for trademark transfers, including necessary forms and documentation requirements

Competition Act (Chapter 50B): Legislation to ensure the trademark transfer complies with competition laws and doesn't create market monopolies or unfair business practices

Singapore Contract Law: Common law principles governing contract formation, including requirements for consideration, capacity to contract, and other fundamental contractual elements

Property Law: Legal framework governing property rights and transfers, applicable as trademarks are considered intellectual property assets

Madrid Protocol: International treaty provisions relevant for trademarks with international registrations, including requirements for recording international transfers

TRIPS Agreement: International agreement establishing minimum standards for intellectual property regulation, which Singapore must comply with as a member state

IPOS Practice Guidelines: Administrative guidelines from the Intellectual Property Office of Singapore covering requirements for recording trademark assignments, including official fees and documentation requirements

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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