Recordal of trademark assignment EU
Here you can instruct us to change the trademark owner of an EUIPO trademark. The fee covers all expenses incl. official fees.
| Flat fee incl. official fees | Yes |
|---|---|
| Power of Attorney must be notarized | No |
| miscellaneous | We only carry out the assignment if we have previously verified whether the trade mark has actually been transferred. To do this, we need the signed transfer agreement or an excerpt from the commercial register and, if applicable, the passport or ID card. |
Transfer of EU Trademarks – Requirements, Procedure, and Our Comprehensive Services
Introduction
The transfer of trademark rights is clearly regulated within the European Union. For European Union Trademarks (EU Trademarks), which are centrally registered with the European Union Intellectual Property Office (EUIPO), a uniform system applies, valid in all EU Member States. This centralized responsibility significantly simplifies the change of trademark owners, as only one central registration is required, rather than multiple national procedures.
Companies take advantage of this option for various reasons: it may occur in the context of a company sale, internal corporate restructuring, strategic portfolio streamlining, or to involve investors in the trademark strategy at an early stage. It makes no difference whether these are already registered EU Trademarks or pending trademark applications. In any case, it is crucial to prepare the process carefully, submit all necessary documents correctly, and fulfill all legal requirements.
Legal Foundations of EU Trademark Transfer
The EU Trademark is granted under Regulation (EU) 2017/1001 on the European Union Trade Mark. It provides a unitary right protecting the trademark in all EU Member States. This unity also means that the transfer of the trademark must be recorded with the EUIPO, and the change of ownership must be entered into the register. Only after this entry does the new owner become visible to third parties and can fully exercise his or her rights.
At the same time, partial transfers—i.e., transfers limited to certain Member States—are not possible. The EU Trademark always remains protected as a whole. This ensures a clear, predictable procedure and prevents conflicting legal situations in different countries.
Transfer of Registered EU Trademarks and Pending Applications
Not only registered EU Trademarks can be transferred, but also trademarks still undergoing the examination or application process. This is particularly interesting if the current applicant wishes to transfer the future rights early for strategic or economic reasons, for example to involve an investor at an early stage or to transfer the application to another company with better prerequisites for exploiting the trademark.
In both cases, similar principles apply: The current owner or applicant and the future owner must agree on the transfer, and the change must be formally notified to the EUIPO. The transfer becomes legally effective only upon entry in the trademark register.
Checking Transferability and Existing Third-Party Rights
Before a transfer, it must be verified that the current owner can freely dispose of the trademark. Possible restrictions may arise from license agreements, security interests, or contractually agreed approval requirements. If such exist, it must be clarified whether the affected third parties must consent to the transfer or whether additional steps are necessary.
A careful review of existing rights and agreements prevents later conflicts or delays in registration. If there are no burdens that would hinder the transfer, the process can usually be completed without complications.
Required Documents and Formal Requirements
The following documents and steps are central to a legally secure transfer of an EU Trademark:
- Power of Attorney or Statement of Consent: The EUIPO requires a clear declaration of intent from both parties for the change of ownership. Typically, a simple written statement or power of attorney is needed, in which both the previous and the future owners confirm their agreement to the transfer. Notarization or legalization is usually not required.
- Notification to the EUIPO: Once all documents have been prepared, the change of ownership is reported to the EUIPO. This can generally be done electronically, speeding up the process and reducing administrative effort.
- Recommendation of a Written Transfer Agreement: Although not legally mandated, a written transfer agreement between the involved parties is strongly recommended. Such an agreement sets out the financial and substantive aspects of the transaction—such as the purchase price, payment terms, liability issues, licensing arrangements, usage rights, and possible non-competition clauses. It serves as a legal foundation, preventing future disputes.
Processing Time and Costs
The registration process with the EUIPO is generally efficient. Depending on the office’s workload and the completeness of the submitted documents, processing is often completed within a few weeks. The costs for recording a transfer are manageable, especially compared to the potential economic advantages a change of ownership may entail.
By ensuring precise and error-free filing, clear powers of attorney, and a carefully drafted transfer agreement, delays and additional costs can be largely avoided. Ideally, the process is not only legally sound but also economically efficient.
The Importance of a Carefully Drafted Transfer Agreement
While a written transfer agreement is not legally required, it offers significant advantages. The contract creates long-term clarity regarding agreed conditions and minimizes the risk of misunderstandings. In addition, special arrangements can be made, for example, concerning the further use of the trademark, the granting of licenses, warranty and guarantee issues, as well as planned extensions of trademark protection.
Especially for valuable trademarks, strategically important marks, or complex corporate structures, a well-crafted transfer agreement is an indispensable tool to ensure long-term legal certainty and economic stability.
Our Services for EU Trademark Transfers
Our law firm supports you throughout the entire transfer of your EU Trademark—from the initial review to the final entry in the register. We offer:
- Comprehensive Legal Advice: We analyze your initial situation, verify transferability, identify any encumbrances, and assess existing contractual relationships.
- Preparation of Required Documents: We prepare all necessary documents, including the power of attorney, and assist you, if needed, in drafting a transfer agreement.
- Submission to the EUIPO and Communication: We handle the formal notification to the EUIPO, clarify any queries, and guide you until the new owner is registered.
- Strategic Advice Beyond the Transfer: After successful transfer, we advise you on strategically developing your trademark rights, for example in enforcing them against infringers, extending protection, or long-term trademark maintenance.
Typical Scenarios and Benefits of EU Trademark Transfers
Transferring EU Trademarks has a wide range of practical applications:
- Corporate Sales and M&A Transactions: In company sales or during mergers and acquisitions, the EU Trademark often represents a valuable asset that is transferred along with the business.
- Strategic Portfolio Streamlining: Companies can sell trademarks they no longer need to streamline their portfolio and free up capital.
- Involving Investors or Partners: By transferring a trademark application early to an investor or partner, financial resources for brand development can be mobilized or competencies pooled.
- Succession and Inheritance: As part of succession planning or inheritance, EU Trademark rights can be seamlessly passed on to new shareholders or heirs.
Long-Term Perspectives and Legal Certainty
A carefully prepared transfer not only provides short-term clarity but also paves the way for a long-term trademark strategy. By considering potential future developments, international markets, possible licensees, or infringements already at the point of transfer, you lay the foundation for sustainable value enhancement of the brand.
A smooth, professionally accompanied transfer process minimizes legal risks, reduces administrative burdens, and frees up resources that can be utilized for further brand development. Thus, the transfer of EU Trademarks becomes not just a formality, but a strategic step to benefit from strong trademark rights throughout the European Union.
Conclusion
The transfer of EU Trademarks is a clearly regulated but often practically complex process that requires careful preparation and in-depth knowledge of trademark law. Thanks to the EUIPO’s central jurisdiction, both registered trademarks and pending applications can be transferred in a uniform procedure for all Member States.
With a power of attorney signed by both parties, proper notification to the EUIPO, and ideally a written transfer agreement, companies can ensure that the change of ownership proceeds smoothly and legally. Professional advice minimizes the risk of delays, legal disputes, or financial disadvantages.
Our law firm supports you comprehensively—from the initial review through document preparation to registration with the EUIPO, and subsequent strategic trademark management. In this way, you lay the groundwork for a strong, future-proof trademark strategy across the entire European Union.