Trademark Assignment Form for Hong Kong

Trademark Assignment Form Template for Hong Kong

A Hong Kong Trademark Assignment Form is a formal legal document used to transfer ownership rights of one or more registered trademarks or trademark applications from one party (the assignor) to another (the assignee). The document must comply with the requirements of the Hong Kong Trade Marks Ordinance (Cap. 559) and its accompanying Rules. It includes detailed information about the trademarks being transferred, warranties of ownership, consideration for the transfer, and necessary execution requirements. The document serves as evidence of the transfer for the Hong Kong Intellectual Property Department and forms the basis for updating the trademark register.

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What is a Trademark Assignment Form?

The Trademark Assignment Form is a crucial document in Hong Kong's intellectual property framework, used whenever there is a need to transfer ownership of trademark rights from one entity to another. This transfer might occur during company acquisitions, business restructuring, brand sales, or as part of other commercial arrangements. The document must conform to the requirements set forth in the Hong Kong Trade Marks Ordinance (Cap. 559) and needs to contain sufficient detail to enable proper recording at the Intellectual Property Department. The form typically includes comprehensive information about the trademarks being assigned, parties involved, consideration paid, and warranties regarding the validity and ownership of the marks. It serves as both a contract between parties and an official record of the transfer.

What sections should be included in a Trademark Assignment Form?

1. Parties: Identification of the Assignor and Assignee with full legal names and addresses

2. Background: Brief context about the trademark ownership and reason for assignment

3. Definitions: Key terms used in the agreement including 'Trademark(s)', 'Effective Date', and 'Assignment'

4. Assignment: Clear statement of transfer of all rights, title, and interest in the trademark(s)

5. Consideration: Statement of the payment or other consideration for the assignment

6. Effective Date: Specification of when the assignment takes effect

7. Assignor's Warranties: Basic warranties regarding ownership, right to assign, and validity of the trademark(s)

8. Further Assurances: Commitment to execute additional documents if needed for assignment completion

9. Governing Law: Specification of Hong Kong law as governing law

10. Execution: Signature blocks for all parties

What sections are optional to include in a Trademark Assignment Form?

1. Existing Licenses: Details of any existing licenses that affect the trademark(s), used when there are active licenses

2. Ongoing Proceedings: Information about any pending litigation or proceedings, included if applicable

3. Payment Terms: Detailed payment structure, included when payment is not made in full at signing

4. Confidentiality: Confidentiality obligations regarding the assignment terms, included for sensitive transactions

5. Tax Provisions: Allocation of tax responsibilities, included for high-value assignments

6. Registration: Specific provisions regarding the registration of the assignment, included for complex registrations

What schedules should be included in a Trademark Assignment Form?

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

2. Schedule 2 - Existing Licenses: Details of any existing license agreements affecting the trademark(s)

3. Schedule 3 - Form of Recordal Applications: Templates or copies of official forms required for recording the assignment

4. Appendix A - Power of Attorney: If required for registration purposes

5. Appendix B - Corporate Authorizations: Required corporate approvals or resolutions authorizing the assignment

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

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant Industries

Retail

Manufacturing

Technology

Fashion and Luxury Goods

Food and Beverage

Pharmaceuticals

Consumer Products

Entertainment

Media

Professional Services

E-commerce

Telecommunications

Relevant Teams

Legal

Intellectual Property

Corporate Secretarial

Compliance

Brand Management

Commercial

Business Development

Corporate Affairs

Risk Management

Relevant Roles

Intellectual Property Lawyer

Corporate Lawyer

Legal Counsel

Trademark Attorney

Company Secretary

Chief Legal Officer

Intellectual Property Manager

Brand Manager

Commercial Director

Chief Executive Officer

Legal Administrator

Compliance Officer

Business Development Manager

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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