What does it take to transfer (sell) trademark rights to another person?

A trademark (a mark for goods and services) can be considered as a means of individualization of business and as an asset (property rights). With the means of individualization, everything is quite obvious – due to the registration of the TM, the trademark owner gives his brand uniqueness and makes it recognizable to consumers. Instead, the trademark as an asset (property rights) allows you to receive material benefits from the right of ownership of the TM.

In most cases, such material benefit is related to the sale of the TM (transfer of property rights to the mark for goods and services) or to the granting of permission to use the trademark to third parties (license to use the trademark).

Transfer of property rights to a trademark

The sale of a TM is somewhat similar to the process of selling any other property, but with its own characteristics. The contract of transfer of property rights to the mark for goods and services is subject to state registration.

For the transfer of property rights to a trademark between the holder of the certificate for the mark for goods and services and the successor, the contract is concluded in simple written form in three copies (one copy for the parties and one copy for the patent office). The contract must specify:

1. Parties (name of the certificate holder and successor, their location (place of residence).

2. The subject of the contract (transfer of property rights to the mark for goods and services).

3. Trademark certificate number.

4. List of goods and/or services for which the rights to the mark are transferred.

A specialist of the patent office analyzes the agreement for compliance with the conditions of the law and publishes information on the change of ownership of the certificate in the official register. On average, the period for making changes to the register and transfer of property rights is 1-5 months, depending on the country. Since the publication of the information, the rights to the trademark belong to the new owner of the certificate.

Trademark Rights Transfer Algorithm