Free Assignment of Trade Name

An assignment of trade name is an agreement that transfers a trade name—a fictitious name that an entity or individual does business under—from the current owner to another party.

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The trade name, also known as the “doing business as” name, the assumed name, or fictitious name, is a name that an entity or an individual does business under other than their official name. Like a trademark, a trade name can obtain value by becoming synonymous with the company and its products/services. And, like the majority of things that have value, a trade name can be sold or transferred to another party. 

When there is a planned change in ownership of a trade name, the involved parties may use an Assignment of Trade Name to complete the first step of the transfer. Whether you are selling a trade name outright, purchasing a trade name to increase your company’s brand portfolio, or even transferring the ownership of the trade name to yourself due to a restructuring of your company, this Assignment can accommodate your needs.

Answer our brief questionnaire and we will create your customized Assignment of Trade Name. Additionally, you will receive a step-by-step guide regarding how to use your document – available immediately for download with your order.

Frequently Asked Questions

A contract that transfers the right to use a registered trade name from one party to another.

A trade name assignment agreement is fairly straightforward and includes:

  • Recitals: The first portion of the assignment gives the reader a general idea about the when, who, why, and where of the agreement.

  • Body: The second part of this agreement contains the transfer of the trade name, associated covenants, and interpretation clauses.

  • Signatures: The agreement concludes with a space for the assignor (and a notary public) to execute the document.

The effective date of the transfer is specified at the very beginning of the assignment and can be any date you assign. Unless you add language to the contrary, the assignee will own the rights to the trade name as of that date.

The agreement is between the Assignor (the entity transferring their trade name) and the Assignee (the entity receiving the trade name).

The purpose of the Assignment is to transfer the rights associated with the trade name from one party to a different party. By memorializing the transfer in writing, there will be no questions down the road about who has the rights to the trade name.

 If registered, in the recital section, you will specify the location (either a state, county, or town) where the transferred trade name is registered.

To fully complete the assignment, the parties may need to notify the government agency where the trade name is registered and potentially pay a fee. Refer to the rules of the jurisdiction of registration for more information.

You may specify the amount of money or non-monetary consideration being exchanged for the transfer of the trade name. With our simple questionnaire, the economic terms of the assignment will be included.

The assignee receives the entire right, title and interest in and to the trade name, including goodwill and registration rights. Once transferred, the former owner relinquishes any of their claims or rights associated with that trade name.

By executing this agreement, the assignor is agreeing they will execute all documents and make all necessary authorizations required to fully transfer the trade name. Even though this assignment transfers the rights associated with the trade name, a change in registration with the appropriate government agency might be necessary for a complete transfer of the name.

 

Our propriety form generator will assist you in creating your customized Assignment of Trade Name within minutes. Answering the questions is not complicated – you only fill in the requested information and we will put it together for you.

Once you complete the questionnaire and place your order, it will be available for immediate download in either PDF or Word document from your secure online account including a step-by-step guide on how to use your document.

 

While it is not a legal requirement, to prove the validity of the assignment, the assignor may want to execute this document in front of a notary public. To demonstrate that they witnessed the signature, that notary public should fill in the appropriate space on the assignment.