This publication will provide more information about the transfer of a European Union trademark. The transfer is a change in the ownership of a European Union trademark or a European Union trademark application. The transfer from one proprietor/applicant to another is mostly done by way of assignment or legal succession. It is important to note that the transfer can be made for all goods/services or only for some of the goods/ services for which the trademark is registered or applied (so-called partial transfer). When there is a partial transfer when the transfer is registered there are two trademarks: one has fewer goods and services and is called the “remaining” mark, and the other is a “new” mark, which includes some of the goods and services from “the original“ trademark. The “remaining” mark retains the number of the “original” European Union trademark, and the “new” mark receives a new European Union trademark number. It is important to note that the transfer cannot affect the unitary character of the European Union trademark. This means that a European Union trademark cannot be “partially” transferred to some territories only.
Who can file an application for registration of a transfer of European trademark at the European Union intellectual property office?
The application for registration of a transfer may be requested at the European Union intellectual property office by:
- the EUTM proprietor(s), or
- the EUTM proprietor(s) jointly with the assignee(s), or
- the assignee(s), or
- a court or authority.
The application for the registration of a transfer for a European Union trademark shall be submitted in one of the five languages of the European Union intellectual property office, namely: English, French, German, Italian or Spanish. The documents that prove the transfer may be filed in any official language of the European Union. When the supporting documents proving the transfer are submitted in an official language of the European Union that is not the language of the proceedings, the Office may require a translation into that language. Therefore, you are advised to submit the supporting documents in one of the five languages of the European Union intellectual property office (English, French, German, Italian, or Spanish).
Registration of a transfer
The European Union intellectual property office will enter the transfer in the EUTM Register and publish it in the EUTM Bulletin. The European Union intellectual property office notifies the applicant of the registration of the transfer.
What are the official fees for registration of a transfer of a European Union trademark?
The registration of a transfer of a European Union trademark by the European Union Intellectual Property Office is free of charge.
The “European Union trademark transfer” service includes the following steps:
- providing information to the client about the procedure;
- preparing all necessary documents;
- filing the request for trademark transfer;
- legal representation during the procedure before the European Union intellectual property office;
- timely communication with the client on the course of the procedure;
- obtaining a certificate;
- handling of the certificate to the client.
If you would like to transfer your European Union trademark you are therefore advised to contact a trademark attorney with experience for professional advice and preparation of all necessary documents. The team of the law firm Krasimira Kadieva will gladly assist you in the transfer of your European Union trademark by providing professional advice and preparation of the necessary documents. In the event that you wish to take advantage of this service, please contact us at 00359 882 308 670 or make an inquiry using the contact form of this website.
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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide more information about the procedure for the transfer of a European Union trademark. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of trademarks as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP lawyer in Bulgaria Krasimira Kadieva assists in the transfer of trademarks by providing professional advice and preparation of all necessary documents.