Trade Mark Assignment (Ireland)
DEED OF ASSIGNMENT OF TRADE MARK
Trade Marks Act 1996 (Ireland)
THIS DEED OF ASSIGNMENT is made on [Effective Date] between [Assignor Name], whose address is [Assignor Address], [Assignor Eircode] (the "Assignor"), and [Assignee Name], whose address is [Assignee Address], [Assignee Eircode] (the "Assignee").
RECITALS
A. The Assignor is the registered owner of the trade mark(s) described in this Deed, registered in the name of the Assignor at the Intellectual Property Office of Ireland (IPOI).
B. The Assignor has agreed to assign the trade mark(s) to the Assignee on the terms set out in this Deed.
1. ASSIGNMENT
In consideration of the sum of €[Consideration] (receipt of which the Assignor acknowledges), the Assignor hereby assigns to the Assignee, with full title guarantee, all its rights, title, and interest in and to the following Irish registered trade mark(s): [Trademark Name], Registration No(s). [Trademark Number], registered in Class(es): [Goods Services Class] (the "Trade Mark").
This assignment is of the [Assignment Scope].
2. WARRANTIES
3. REGISTRATION AND STAMP DUTY
The Assignee shall, at its own cost, promptly apply to the IPOI to register the assignment using Form TM7 under s.28 of the Trade Marks Act 1996, and shall ensure this Deed is duly stamped by the Revenue Commissioners under the Stamp Duties Consolidation Act 1999 prior to lodging the application for registration.
The Assignor shall execute any further documents and do all such acts and things as may reasonably be required to complete the assignment and its registration.
4. GOVERNING LAW
This Deed is governed by the laws of Ireland. All disputes shall be subject to the exclusive jurisdiction of the courts of Ireland.
Assignor (executed as a deed)
________________
Signature
Date: ________________
Assignee (executed as a deed)
________________
Signature
Date: ________________
What Is a Trade Mark Assignment (Ireland)?
A Trade Mark Assignment in Ireland transfers the intellectual-property rights from one owner to another and records exactly which rights pass, with its requirements set by the Companies Act 2014.
The legal framework governing the Trade Mark Assignment (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Parties executing a Trade Mark Assignment (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Companies Act 2014 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction. Under Section 67 of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, property-related elements must comply with the Property Registration Authority (PRA) requirements. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022 in consumer-facing transactions. The Companies Act 2014, Section 169, and the Employment Equality Acts 1998-2015 impose non-discrimination obligations on all commercial agreements executed in Ireland.
The legal framework governing the Trade Mark Assignment (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Parties executing a Trade Mark Assignment (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Companies Act 2014 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction.
When Do You Need a Trade Mark Assignment (Ireland)?
A trade mark assignment is needed when a business wishes to sell or transfer ownership of a registered Irish trade mark — for example, as part of a business sale, group restructuring, brand acquisition, or when a sole trader incorporates and transfers their mark to the new company. The assignment must be in writing and executed as a deed to be valid under the Trade Marks Act 1996.
Parties in Ireland should prepare a Trade Mark Assignment (Ireland) proactively rather than waiting for a dispute to arise. Irish courts, including the District Court, Circuit Court, and High Court of Ireland, interpret agreements based on the written terms rather than oral representations. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Where the transaction involves regulated activities, prior approval from the relevant authority — such as the Central Bank of Ireland, Companies Registration Office (CRO), or Data Protection Commission (DPC) — may be required before execution. Consulting a qualified Irish solicitor confirms all regulatory steps are completed in the correct order. Under Section 67 of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, property-related elements must comply with the Property Registration Authority (PRA) requirements. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022 in consumer-facing transactions. The Companies Act 2014, Section 169, and the Employment Equality Acts 1998-2015 impose non-discrimination obligations on all commercial agreements executed in Ireland.
What to Include in Your Trade Mark Assignment (Ireland)
A valid Irish trade mark assignment deed should include: the full legal names and addresses of assignor and assignee; the trade mark name, IPOI registration number, and Nice Classification class(es); the scope of assignment (entire mark with or without goodwill, or partial); the consideration; the effective date; assignor warranties (sole ownership, no encumbrances, no pending disputes); obligation to register at the IPOI using Form TM7; stamp duty obligations under SDCA 1999; execution as a deed with witness attestation; and governing law (Ireland). The forms-legal.com Trade Mark Assignment (Ireland) template covers the mandatory elements under Companies Act 2014.
Additional compliance elements for a Trade Mark Assignment (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable. Under Section 67 of the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, property-related elements must comply with the Property Registration Authority (PRA) requirements. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022 in consumer-facing transactions. The Companies Act 2014, Section 169, and the Employment Equality Acts 1998-2015 impose non-discrimination obligations on all commercial agreements executed in Ireland.
Additional compliance elements for a Trade Mark Assignment (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.
Sources & Citations
Statutory citations link to official government sources.
- GDPR Article 6EU – GDPR
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Trade Mark Assignment (Ireland) (Ireland) [Legal document template]. Forms Legal. https://forms-legal.com/ireland/business/intellectual-property/trademark-assignment-ireland
"Trade Mark Assignment (Ireland) (Ireland)." Forms Legal, 2026, https://forms-legal.com/ireland/business/intellectual-property/trademark-assignment-ireland.
@misc{formslegal-trademark-assignment-ireland,
author = {{Forms Legal}},
title = {Trade Mark Assignment (Ireland) (Ireland)},
year = {2026},
howpublished = {\url{https://forms-legal.com/ireland/business/intellectual-property/trademark-assignment-ireland}},
note = {Free legal document template. Based on Companies Act 2014}
}Also available for these jurisdictions:
Frequently Asked Questions
A trade mark assignment in Ireland is governed by the Trade Marks Act 1996 (TMA 1996), which transposed the EU Trade Marks Directive 89/104/EEC into Irish law. Under s.28 of the TMA 1996, a registered trade mark is personal property and may be assigned, in whole or in part, in relation to some or all of the goods or services for which it is registered, whether with or without the goodwill of the business concerned. Under s.24(1) of the TMA 1996, an assignment of a registered trade mark must be in writing and signed by or on behalf of the assignor. Oral assignments of registered trade marks are invalid. Following assignment, the assignee must register the assignment with the Intellectual Property Office of Ireland (IPOI) under s.25 of the TMA 1996 by filing Form TM7 (Application to Register a Change of Proprietor) and paying the applicable filing fee. Until the assignment is registered at the IPOI, the assignee cannot claim relief in proceedings for infringement of the trade mark that were committed after the date of assignment but before the application to register the assignment was made. Unregistered trade marks (common law marks protected by the tort of passing off) may be assigned by contract, but the assignment is more effective if made together with the goodwill of the business in which the mark is used.
Under the Trade Marks Act 1996, a registered trade mark in Ireland can be assigned with or without the goodwill of the business in which it is used (s.28(1) TMA 1996). This is a change from the pre-1996 position under the Trade Marks Act 1963, which generally required trade mark assignments to be accompanied by goodwill. For unregistered trade marks (marks protected only by the common law tort of passing off), the position is different: the courts have traditionally held that an unregistered mark cannot be assigned separately from the goodwill of the business in which it is used, because the mark's value is inherent in its association with the goodwill of the business. An assignment of an unregistered mark without goodwill is generally considered ineffective at common law, as the mark would become deceptive and misleading to the public. In practice, most commercial trade mark assignments (whether of registered or unregistered marks) include an assignment of the associated goodwill in the business to avoid any risk of the assignment being challenged as ineffective or as an assignment 'in gross' that creates public deception. The IPOI will require confirmation that goodwill is included in the assignment where relevant.
Under the Stamp Duties Consolidation Act 1999, a trade mark assignment in Ireland may attract stamp duty. The rate of stamp duty on intellectual property transactions (including trade mark assignments) is 6% of the consideration paid for the intellectual property, where the total consideration for Irish intellectual property (intellectual property connected with land or a business in Ireland) exceeds €1,000 under the current stamp duty rates. However, trade mark assignments that are executed as deeds without monetary consideration (e.g. intra-group transfers between affiliated companies) may be exempt from or chargeable at a minimal rate of stamp duty, depending on the circumstances. From 1 January 2018, the stamp duty exemption for intellectual property transfers between group companies under s.79 of the SDCA 1999 was modified, and specific advice should be sought. Where a trade mark assignment forms part of a larger business sale agreement, the stamp duty treatment should be considered in the context of the overall transaction. Stamp duty on trade mark assignments is administered by the Revenue Commissioners, and adjudication of the stamp duty payable should be sought from Revenue where there is any doubt about the applicable rate.
An assignor of a trade mark in Ireland should give carefully considered warranties (express contractual promises about the state of the trade mark) to the assignee. These warranties protect the assignee against undisclosed problems affecting the value or validity of the trade mark. Key warranties typically given by an assignor include: (1) Title — the assignor is the sole legal and beneficial owner of the trade mark and has full right and title to assign it. (2) No encumbrances — the trade mark is not subject to any licence, charge, lien, or other encumbrance that is not disclosed in the assignment. (3) Validity — the trade mark registration is valid, subsisting, and not the subject of any opposition, revocation, or invalidity proceedings at the IPOI or in any court. (4) No infringement — the use of the trade mark in connection with the goods or services for which it is registered does not infringe the intellectual property rights of any third party. (5) No conflicts — the assignor is not aware of any third-party use of the same or similar mark that would reduce the value of the mark. (6) Renewals — all renewal fees have been paid and the registration is in good standing. These warranties are enforceable under Irish contract law and may give rise to claims for damages or indemnification if they prove to be inaccurate.
A Trade Mark Assignment (Ireland) does not legally require a lawyer in Ireland, and individuals and businesses may draft and execute the document independently. The Companies Act 2014 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Ireland lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of Ireland has jurisdiction over disputes arising from this type of document, and Companies Registration Office (CRO) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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