Trademark rights are an intangible asset that may have significant value to the trademark owner and may be assigned from one party to another. The ability to assign a trademark is a universally recognized right, although the restrictions on assignments in foreign countries can be great. In some countries, assignment of a trademark must be approved but in almost all the assignment can and must be recorded on the Trademark Register. Failure to record an assignment can result in the invalidation of the assignment agreement and loss of the trademark rights altogether.

Many parties that acquire trademark rights in foreign countries, or that assign rights from one entity to another for internal purposes, often neglect to record the assignments against the assigned trademarks. In some countries there are affirmative deadlines by which assignments must be recorded, failing which they will be deemed invalid. In other countries there are no deadlines, but the passage of time makes it increasingly difficult to locate parties who are able and willing to execute the necessary documents to effect the assignment.

As with other trademark office procedures, recording assignments against trademark rights can be relatively simple or extremely complex, depending upon the jurisdiction involved. Therefore, it is prudent to engage counsel that has experience in such matters and can easily accomplish the task with as few complications as possible.