Trademark Security Agreement for Australia

Trademark Security Agreement Template for Australia

An Australian law-governed agreement that creates a security interest over trademarks in favor of a secured party, typically used in financing transactions. The agreement complies with both the Personal Property Securities Act 2009 (Cth) and the Trade Marks Act 1995 (Cth), establishing the secured party's rights over the trademark assets, including registration requirements, maintenance obligations, enforcement mechanisms, and release conditions. It includes specific provisions for Australian trademark protection while ensuring the security interest is properly perfected under Australian law.

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What is a Trademark Security Agreement?

A Trademark Security Agreement is essential in financing transactions where trademarks serve as collateral. This document is particularly relevant in Australia where security interests must comply with both the Personal Property Securities Act 2009 (Cth) and trademark legislation. It's commonly used when companies seek financing using their intellectual property assets as security, during asset-based lending, or in larger corporate financing arrangements. The agreement details the specific trademarks being secured, registration requirements at both IP Australia and the Personal Property Securities Register, ongoing obligations for trademark maintenance, and enforcement rights. It's crucial for businesses with valuable trademark portfolios seeking to leverage their intellectual property assets for financing.

What sections should be included in a Trademark Security Agreement?

1. Parties: Identification of the grantor (trademark owner) and secured party

2. Background: Context of the security arrangement and brief description of the trademark assets and secured obligations

3. Definitions and Interpretation: Key terms including 'Secured Property', 'Security Interest', 'Secured Money', 'Trademarks' and interpretation principles

4. Grant of Security Interest: Creation and scope of the security interest over the trademarks

5. Secured Obligations: Definition and scope of the obligations being secured

6. Representations and Warranties: Grantor's warranties regarding trademark ownership, validity, and absence of encumbrances

7. Trademark Protection and Maintenance: Obligations to maintain trademark registrations and protect trademark rights

8. Restrictions on Dealings: Limitations on disposal, licensing, or encumbering the trademarks

9. Registration and Perfection: Requirements for registering the security interest under PPSA and at IP Australia

10. Enforcement: Rights and remedies upon default, including power of sale and appointment of receivers

11. Release and Discharge: Conditions and process for releasing the security interest

12. General Provisions: Standard provisions including notices, governing law, and execution

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

1. Licensed Trademarks: Additional provisions for trademarks subject to existing license agreements

2. International Rights: Provisions dealing with international trademark registrations and foreign security requirements

3. Quality Control: Provisions ensuring trademark usage maintains required quality standards during security period

4. Domain Names: Additional security provisions for related domain names if included in security

5. Priority Arrangements: Provisions dealing with priority of security interest relative to other secured parties

6. Power of Attorney: Appointment of secured party as attorney for trademark matters

What schedules should be included in a Trademark Security Agreement?

1. Schedule 1 - Secured Trademarks: Detailed list of all trademarks covered by the security interest, including registration numbers and status

2. Schedule 2 - Existing Licenses: Details of any existing trademark licenses or agreements affecting the secured trademarks

3. Schedule 3 - Security Interest Registration Requirements: Specific requirements for registering security at IP Australia and on PPSR

4. Schedule 4 - Form of Notice of Release: Template for notice releasing security interest upon discharge

5. Appendix A - Trademark Registration Certificates: Copies of trademark registration certificates

6. Appendix B - Security Interest Registration Forms: Required forms for recording security interest at IP Australia

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Security Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Retail

Consumer Goods

Technology

Pharmaceuticals

Fashion and Luxury Goods

Food and Beverage

Manufacturing

Media and Entertainment

Professional Services

Telecommunications

Relevant Teams

Legal

Intellectual Property

Finance

Treasury

Risk Management

Compliance

Brand Management

Corporate Development

Commercial Operations

Relevant Roles

General Counsel

Intellectual Property Lawyer

Commercial Lawyer

Banking & Finance Lawyer

Chief Financial Officer

IP Manager

Brand Protection Manager

Legal Counsel

Finance Director

Trademark Attorney

Security Trustee

Commercial Director

Risk Manager

Compliance Officer

Industries
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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