To transfer a trademark in Australia, you sign a deed of assignment that moves ownership from the current owner (the assignor) to the new owner (the assignee), then record the change with IP Australia. That last step, recording it, is the one most people skip.
Here is the part that catches founders out. Selling your business, renaming your company, or buying out a co-owner does not move the brand on its own. The trademark stays with whoever is named on the register until you formally assign it. The gap tends to surface at the worst moment, mid-sale or mid-dispute, when someone finally checks the register and the names do not match.
- Transferring a trademark means assigning ownership, then recording it with IP Australia. A signed deed of assignment does the legal work. The register update makes it official.
- A licence is not a transfer. Licensing lets another business use your brand while you keep ownership. Assignment hands ownership over for good.
- You can assign with or without goodwill, in full or in part. What you cannot do is split a registered trademark by geographic area within Australia.
- A business name or company sale does not move your trademark. The registered owner stays the same until you assign the mark itself.
- Transferring your brand to your own trust or company can trigger capital gains tax. It counts as a disposal at market value, even when no money changes hands.
What does it mean to transfer a trademark?
When you transfer a trademark, you assign it. Assigning a trademark and transferring it mean the same thing: the permanent transfer of ownership of a registered trademark, or a trademark you have applied for, from one party to another. The Trade Marks Act 1995 (Cth) sets the rules, and they are more specific than most people expect.
Three choices shape every assignment. First, full or partial: a full assignment moves the whole mark, a partial one moves it for only some of the goods or services it covers. Second, with or without goodwill: goodwill is the reputation the brand has built, and you can hand it over with the mark or keep it behind. Third, who the new owner is.
One limit surprises people. You cannot make a partial assignment based on where the mark is used. Section 106 lets you split a trademark by goods or services, but not by area, so you cannot carve off “the brand in Queensland” and assign that alone. If you want someone to use the brand in one region only, that is a licensing question, not an assignment one.
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Transfer, licence, or business name change: which one do you need?
This is where most of the confusion lives, and getting it wrong is expensive. People mix up three completely different actions. Only one of them actually moves who owns your brand.
| Action | What it does | Who owns the brand after | Where it is recorded |
|---|---|---|---|
| Transfer (assignment) | Permanently moves ownership of the registered mark | The new owner (assignee) | IP Australia trademarks register |
| Licence | Lets another party use the brand on agreed terms | You keep ownership | Your trademark licensing agreement (not the register) |
| Business name transfer | Updates who can trade under a name | Nobody gains brand ownership or exclusivity | ASIC business names register |
Read that middle row twice. A licence keeps the brand in your hands and earns you income while someone else uses it. If you only want a franchisee or a regional partner to use the mark, license it. Want to know more about the split? Our guide on the difference between licensing and assigning IP walks through both.
The bottom row is the one that bites. Transferring a business name on the ASIC register does not give the new holder any rights to your trademark. Business name registration never created exclusivity in the first place. If the brand matters, the trademark has to be assigned separately.
How do you transfer a trademark in Australia, step by step?
Speed is not the issue here. Accuracy is, especially matching names exactly to the register. Here is how to transfer ownership of a trademark, in order.
1. Check the register and confirm the exact owner
Search the IP Australia register for each mark you plan to move. Confirm the trademark number, its status (registered or still pending), and the precise legal name of the current owner. Note any co-owners or recorded interests too. If there is more than one owner, all of them have to sign off before the change can be recorded.
2. Decide the scope and the goodwill
Settle two questions before anyone drafts anything. Is this a full transfer or a partial one limited to certain goods or services? And does the goodwill move with the mark or stay with you? In a business sale the goodwill almost always goes with the brand, because the buyer is paying for the reputation as much as the logo.
3. Draft and sign the deed of assignment
Put the transfer in writing as a deed. It should name the trademark by number and class, identify the assignor and assignee exactly as they appear on the register and at ASIC, state whether goodwill is included, set the effective date, and record any payment. A Trademark Assignment deed covers registered marks and any domain names tied to them, so you are not stitching documents together by hand.
4. Lodge the request to record it with IP Australia
Once the deed is signed, either party can ask IP Australia to record the change of ownership through its assign ownership service. You attach the signed document as evidence. The Registrar has no discretion here: if the request meets the formal requirements and the evidence establishes title, the change must be recorded. The day after it goes on the register, the new owner is the owner.
5. Update everything else the brand touches
After the register is updated, tidy up the rest. Supplier and distribution contracts, licence and franchise documents, packaging, websites, brand guidelines, and ASIC records if a company or business name also changed. Loose ends here cause confusion later, and sometimes a dispute about who controls what.
What documents do you need to transfer a trademark?
Exactly what you need depends on the deal, but most transfers touch a handful of documents.
- Trademark Assignment deed. The core document. It transfers the mark, sets the effective date, and confirms whether goodwill moves across.
- Assignment of intellectual property. When the brand is part of a wider sale or you are moving several IP assets at once, a broader assignment of intellectual property keeps everything consistent.
- Supporting evidence for IP Australia. A signed deed, sale agreement, declaration, or merger document that proves the transfer happened.
- A licence, if you are keeping ownership. If the goal was use rather than ownership, the right document is a licence, not an assignment at all.
One point IP Australia makes plainly: even when the old and new owners are the same people, you still need a documented agreement between the entities. Signing on behalf of both sides is fine, but the deed has to exist and has to be done properly.
What we see in Lawpath consultations
Most “how do I transfer a trademark” questions look simple on the surface. In consultations, the same three issues come up again and again, and none of them are about filling in the form.
Moving the brand into a holding company. A pattern our advisors see constantly: founders restructuring into a group are told to park the trademark in a separate holding company that owns the IP and the shares in the trading businesses. It keeps the brand ring-fenced if an operating company is ever sued, and it makes the business cleaner to sell later. The legal move is still an assignment, recorded the same way as any other.
Transferring to your own entity is still a taxable event. This one catches people out. Moving your trademark into your own trust or company is a disposal for capital gains tax, and because you are not dealing at arm’s length, the tax is worked out on the brand’s market value, not the dollar you put on the deed. A trademark’s cost base is often just the registration fees, so a brand that has grown valuable can carry a real gain. The small business CGT concessions or a restructure rollover can reduce or defer it, but only if you plan the transfer before you sign, not after. Talk to your accountant first.
The share sale that forgot the brand. Owners often assume selling shares or changing the company name moves the trademark. It does not. If a company owns the mark and you sell shares, the company still owns the mark, which may be exactly what you want, or a problem if the brand was meant to sit elsewhere. The fix is a quick assignment to transfer trademark ownership into the right entity before the deal closes.
Pending applications, unregistered marks, and certification trademarks
Not every trademark transfers the same way.
Pending applications. You do not have to wait for registration. A trademark you have only applied for can still be assigned, and the change is recorded against the application. The timing and paperwork differ slightly, so confirm the status before you draft.
Unregistered trademarks. An unregistered mark can only be transferred together with the goodwill of the business behind it. Stripped of that goodwill it has no real value to sell, because there is no registration giving it standalone rights. This is one of the strongest arguments for registering the brand in the first place, so you actually own something you can move. If you have not done that yet, you can register your trademark before any sale so you are dealing with a clear, enforceable asset.
Certification trademarks. These signal a standard, like a region of origin or “Australian Made”, rather than one business’s brand. They come with an extra gate: a registered certification trademark can only be assigned with the consent of the Australian Competition and Consumer Commission (ACCC). You apply to the ACCC for consent before the change can be recorded.
Frequently asked questions
How long does it take to transfer a trademark?
Drafting and signing the deed can happen in a day. Once you lodge the request with IP Australia, a straightforward change is usually recorded within a few weeks. Delays come from name mismatches with ASIC records or missing co-owner signatures, so get those right before you lodge.
How much does it cost to transfer a trademark?
The main costs are drafting the deed and any legal advice you take. Using a template deed keeps the document cost low. The larger number to plan for is often tax, not paperwork, if the transfer triggers a capital gain. Budget for advice on both.
Should I license my trademark or assign it?
Assign it if you want to give up ownership for good, usually as part of a sale. License it if you want to keep ownership and let someone else use the brand for a fee. Licensing earns income and keeps control. Assignment is final.
Can I transfer a trademark without the business?
A registered trademark can be assigned with or without goodwill, so yes, you can move the mark on its own. An unregistered mark cannot. It can only be transferred along with the goodwill of the business that built its reputation.
Does selling my business name transfer the trademark?
No. A business name and a trademark are different things on different registers. Transferring a business name through ASIC does not move trademark ownership. You assign the trademark separately and record it with IP Australia.
Can I transfer only part of a trademark?
Yes. A partial assignment moves the mark for some of the goods or services it covers, while you keep the rest. You cannot split a trademark by location, though. Assignment can be partial by goods or services, never by geographic area within Australia.
Do I pay tax when I transfer my trademark to my own company?
Often, yes. Moving a brand to a related entity is a capital gains tax event, calculated on market value because the deal is not at arm’s length. Small business CGT concessions or a restructure rollover may reduce or defer it. Check with your accountant before you sign.
Who can I transfer a trademark to?
Any eligible legal entity: a person, a company, an incorporated body, or a trustee acting for a trust. Name the precise legal owner on the deed. For a trust, that means the corporate trustee, not the trust’s informal name, so the register and ASIC line up.
Getting your trademark transfer done
If this felt like a lot, that is normal. Most people only transfer a trademark once or twice, usually while juggling a sale or a restructure at the same time. You are not behind, and you do not need to become an IP expert to get it right. You need a clean deed and the change recorded with IP Australia.
Start your Trademark Assignment deed today, and if the deal is bigger than a single mark, have a trademark lawyer check it before you sign. Sort the brand properly now, and get back to running the business.
