Consider this if…
- A business or brand is being bought or sold
- The mark is held personally or by a related entity
- A company or trust restructure changes the intended owner
- A licence is needed between the owner and trading business
- The register does not match the commercial arrangement
How it works
Tell us about the mark
Send the name, logo or registration details, the proposed owner and the goods or services connected with the brand.
At the first conversation
We review the position
We identify the searches, records, filing choices or documents required and explain any issue that should be resolved first.
Before work begins
Scope and next steps are confirmed
We confirm the agreed work, fee and expected process in writing, then carry out the searches, application or documents within that scope.
Confirmed in writing
Fee
Quoted in writing before we start
GST inclusive
The scope and fee are confirmed in writing before work begins.
Confirm what is actually owned
The starting point is the trade mark register and the transaction documents. A business may use a mark registered to a founder, director, trustee or related company. The legal owner, the party using the brand and the seller named in a business-sale agreement may therefore be different.
Connect the transfer to the wider transaction
An assignment should align with the sale agreement, restructure documents and any licence governing use of the brand. The description of the transferred rights, effective date, consideration and associated goodwill should be settled consistently across those documents.
Ownership through company and trust structures
A trust is not itself a legal person, so trustee details and capacity require care. A corporate restructure may also affect licences, security interests or agreements that refer to the old owner. We identify connected documents within the agreed scope and coordinate with tax or accounting advisers where required.
Information to provide
- Registration numbers and current register extracts
- The proposed outgoing and incoming owners
- The business-sale or restructure documents
- Existing licences, franchise agreements or security documents
- The proposed completion or effective date
- Details of any overseas registrations connected with the brand
Record and retain the completed change
Once the documents and required record changes are completed, keep them with the registration certificates and transaction file. The business should also update responsibility for renewal notices and portfolio management.
Frequently asked questions
Does selling a business automatically transfer its trade marks?
Not necessarily. The agreement and registered ownership must be checked. The transaction should identify the marks and the documents required to give effect to the intended transfer.
Can an individual transfer a mark to a company?
A transfer may be possible, but the commercial, tax, licensing and transaction context should be reviewed before documents are signed or records changed.
Can one entity own the mark while another uses it?
That arrangement may be documented through a licence. The ownership and use structure should be settled carefully and coordinated with accounting and tax advice where needed.
What documents do you need for a transfer?
Provide the registration details, current and proposed owner information, and any sale, restructure, licence or security documents connected with the brand.
Related services
Send the mark or registration details and tell us what you need to achieve.
Ask about this trade mark service