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Assignment An assignment is the formal transfer of ownership of a trade mark application or registration. You can assign:
The assignment must be in writing and be signed by the person transferring ownership (the original owner). To record the assignment of a trade mark, you must send the below mentioned form to the Registrar. If the application is received within six months of the date of the assignment, we will record that date as the date of the assignment. If the application is received more than six months after the date of the assignment, then we will record the date when we actually received the application as the date of the assignment. Both parties to the assignment, that is, the old and the new proprietor (or their representatives), must sign the form. If any of the parties are not able to sign the form we will accept other documents as proof that the assignment has taken place. The Registry then records the details of the assignment and write back to confirm that they have done so. Partial assignment (splitting a mark) You can partially assign your trade mark so that you transfer only some rights in the mark to a new proprietor. For example, you could assign rights to use the mark in specific geographical locations, or assign export rights. This is called splitting a mark. In cases where subsequent assignments result in all the splits being owned by the same proprietor, it is possible to merge the splits back into a single registration. However, you cannot partially assign a series of marks by dividing the series. Stamp Duty If the assignment took place before 28 March 2000, Stamp Duty may need to be paid on the completed assignment, unless it carries an appropriate certificate of value. If you have any queries regarding the assignment process, feel free to contact us via email at any time. Form(s) Application to register a change of proprietor [TM16]
The application must be submitted with a fee sheet, which must be filled with all fee bearing forms.
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