Assignment of Trade Name

Transfer a business name, with its goodwill, domain names and listings, to a new owner.

Transfer ownership of a trade name to another party.

  • Business / Legal document

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  • The document as a file you download
  • A one-hour consultation with a specialised lawyer
  • A standard version you complete yourself
  • An assignment of a registered right is often recorded with the office that holds the registration, and that office may have its own form, fee and signature requirements. Check what the relevant office asks for; the file you download is a complete blank-field assignment to complete and to use alongside whatever form that office provides.

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Key features

  • The name and where it is filed

    The name as used, the date it has been used, the business, where used, and any registration or filing with its office, number and date.

  • What goes with the name

    Goodwill, filings, the right to sue for past use, and a blank for domains, accounts, signage and customer records.

  • The assignor stops using it

    A date, withdrawing the assignor's own filings that use it, and what it will change.

  • Filings and telling customers

    Which offices are notified, who prepares them, and a notice to customers and suppliers in agreed terms.

  • Help afterwards and live disputes

    A period of the assignor's assistance, and who continues any dispute already underway.

About this document

An assignment of trade name records that one party transfers the name a business trades under to another: the name exactly as used, since when and for what business, with the goodwill and anything that goes with it such as domains, accounts, listings and signage artwork. The assignor then stops using the name.

This blank form is completed by hand and signed by assignor and assignee. A trade name can be registered or filed in some places, with a state, county or other office, and the form has a filing note saying that office may have its own form and requirements. Whether the name is protected, and how it is recorded, vary, so check with the office or a lawyer.

Is this document right for you?

Useful when

  • You are selling a business or its brand name
  • You are buying a business and want the name transferred with it
  • A trade name filing needs to change hands

Commonly used by

  • Small business sellers and buyers
  • Owners restructuring a business
  • Shop and service business owners

Not sure? about your situation first.

Alternatives

When to use this

  • A retailer sells its shop and trading name
  • A sole trader transfers a name to a new company
  • A buyer takes the name together with domains and listings

What happens next

Ready to use

  1. Choose your document

  2. Pay

  3. Download

  4. Book your consultation

Lawyer prepares it

  1. Pay

  2. Tell us what you need

  3. Talk to a specialised lawyer

  4. They prepare your document

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Questions

About the assignment of trade name

  • Not necessarily. A trade name identifies a business, a trademark identifies goods or services, and the same words can be both. For a registered mark see Trademark assignment agreements.

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