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.
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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
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
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
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